Probate of a will

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence [or real property] of the deceased at time of death in the absence of a legal will.

Probate is the process of proving and registering in the Supreme Court the last Will of a deceased person. When a person dies, somebody has to deal with their estate.

According to Article 838 of the New Civil Code of the Philippines, "No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court." The term "probate" refers to the judicial process of asking the court to "allow" a will. "Allowance" or "disallowance" is the act of the court on the petition for probate.

Probate is a proceeding in rem required to establish the validity of a will and in order to pass real or personal property. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will.