What is probate?

It is a special proceeding mandatorily required for the purpose of establishing the validity of a will.

No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. (Art. 838)

Note: Probate does not deal with the intrinsic validity of the testamentary provisions. Even if only one heir has been instituted, there must still be a judicial order of adjudication. Even if a will has already been probated, if later on a subsequent will is discovered, the latter may still be presented for probate, as long as two wills can be reconciled.


Does prescription apply to probate of wills?

The statute of limitations is not applicable to probate of wills (Imprescriptibility of Probate)

Rationale: Probate proceedings are not established in the interest of the surviving heirs, but primarily for the protection of the expressed wishes of the testator.


What are the characteristics of a probate proceeding?

1. Special proceeding;

2. Proceeding in rem;

3. Not contentious litigation;

4. Mandatory;

5. Imprescriptible;