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Petition For Probate of A Will
Petition For Probate of A Will
PETITION
1. That the Petitioner is of legal age, married, Filipino and resident of 1123 Taft
Ave, Pasay City where she can be served with summons and other processes
of this Honorable Court;
2. That Petitioner is the sister and the executor named in the last will and
testament of JUAN DELA CRUZ, deceased, who died in Pasay, on
September 23, 2016, hereto attached and marked as Annex A of this
petition is the death certificate;
3. That said JUAN DELA CRUZ executed and left said last will and testament
in accordance with the formalities of the Republic of the Philippines, said last
will and testament (photostatic copy only) dated November 12, 2015 is hereto
attached as Annex B and made an integral part of this petition, the original
thereof to be presented to this Honorable Court at the time of the probate;
6. That the petitioner, JANE DOE, named in the will as executor thereof, be
allowed to serve without the required bond and that Petitioner is legally
qualified, competent, willing and ready to accept the appointment as
Executor of the last will and testament and hereby signifies her willingness to
serve and discharge her duties and responsibilities as such;
7. That the property left by the decedent consists of real and personal property,
estimated to have the gross value of FIFTY MILLION PESOS(Php50,
000,000.00) more or less;
8. That the testatrix, at the time of the execution of the said will, was 53 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.
9. That the decedent JUAN DELA CRUZ was survived by Janet D. Napoles,
married, and Juan dela Cruz, Jr., single, both of legal age, Filipinos, and
residents of No. 08 Brgy. Sta. Cruz, Manila where they can be served notices.
PRAYER
(a) That, upon proper notice, publication and hearing, the abovementioned
will of deceased JUAN DELA CRUZ be approved, allowed and
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.
ATTY. ABC
IBP NO. 45678, 1/02/12, Pasay City
PTR NO. 87654, 1/02/12, Pasay City
ROLL ATTORNEY NO. 32747
MCLE Comp. No. IV-4785, 3/2/12
3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;
4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
___________________________
Affiant
Doc. No.___;
Page No.___;
Book No.___ ;
Series of 2017.