Probate of Will

PETITION

COMES NOW the petitioner by the undersigned attorney, and unto this Honorable Court, respectfully avers:

1. That the petitioner, of legal age, and resident of _________________ ,is the executor named in the last will and testament of ____________________ , deceased, who died in            ___________________ , on ________________________;

2. That the said last will and testament (photo static copy only) is hereto attached as Annex "A" and made an integral part of this petition, the original thereof to be presented to this Honorable Court at the time of probate;

3. That the subscribing witnesses to said will are: _______________, __________, ___________ all of whom are residents of ________________;

4. That the decedent is an inhabitant of the Philippines and a resident of _____________________________at the time of his death.

5. That the petitioner, named in the will as executor thereof, is legally qualified to act as such and hereby consents and agrees to accept said trust;

6. That the following persons, all of age, have been named in the said will as devisees of the deceased, to wit: __________________;

7. That the property left by the decedent consists of real and personal property, the gross value of which is            ___________________________;

8. That the testator, at the time of the execution of the said will, was _________________years old, of sound and disposing mind, and not acting under duress, fraud, or undue influence and was in every respect capacitated to dispose of his estate by will.

WHEREFORE, it is respectfully prayed

 

(a) That, upon proper notice and hearing, the above­mentioned will be admitted to probate;

 

(b) That letters testamentary (or of administration) be issued to herein petitioner, without bond;

 

(c) That such other relief be granted as shall be deemed just and equitable in the premises.
 
              _____________ , __________________,19_____ .

                                                                        _____________________________
                                                                                 (Attorney for the Plaintiff)          

                                                                                         

                                                                                          

                                                                               _________________________________

                                                                                     (Address)