Short answer. In two ways: the court publishes notice of the time and place for proving the will for three successive weeks in a newspaper of general circulation, and it also sends individual notice to known heirs, legatees and devisees by mail at least twenty days before the hearing, or by personal service at least ten days before.
What the law says
shall cause notice of such time and place to be published three weeks successively, previous to the time appointed, in a newspaper of general circulation in the province
Rule 76, Section 3 — Court to appoint time for proving will. Read the full provision →
What the law says
deposited in the post office with the postage thereon prepaid at least twenty days before the hearing, if such places of residence be known
Rule 76, Section 4 — Heirs, devisees, legatees, and executors to be notified by mail or personally. Read the full provision →
What the law says
Personal service of copies of the notice at least ten days before the day of hearing shall be equivalent to mailing.
Rule 76, Section 4 — Heirs, devisees, legatees, and executors to be notified by mail or personally. Read the full provision →
Notice to the world: publication
When a will is delivered to the court or a petition for its allowance is filed, the court fixes a time and place for proving it, when all concerned may appear to contest the allowance, and shall cause notice of such time and place to be published three weeks successively, previous to the time appointed, in a newspaper of general circulation in the province. Probate is a proceeding that settles the will against everyone, so the law starts by telling everyone. The publication is of the court's notice of the hearing — three successive weekly insertions before the date set.
Notice to the heirs themselves: mail or personal service
Publication alone is not how the family is expected to learn of the hearing. Rule 76, Section 4 requires copies of the notice to be addressed to the designated or other known heirs, legatees and devisees resident in the Philippines at their places of residence and deposited in the post office with the postage thereon prepaid at least twenty days before the hearing, if such places of residence be known. The person named as executor, if not the petitioner, and any non-petitioning co-executor get the same notice. And Personal service of copies of the notice at least ten days before the day of hearing shall be equivalent to mailing.
The exception: when the testator files his own petition
The rules treat one situation differently — a testator asking the court to allow his own will during his lifetime. In that case, Section 3 says no newspaper publication shall be made, and Section 4 directs that notice shall be sent only to his compulsory heirs. The logic is straightforward: the person best placed to confirm the will's genuineness is alive and before the court, so the wide public net is unnecessary, and the individual notice narrows to the compulsory heirs whose legitimes the will could affect.
What to check if you are an heir
If a probate hearing concerns you, the dates and mechanics above are worth verifying rather than assuming. Was the notice published three successive weeks in a newspaper of general circulation in the province? If your residence was known, was a copy mailed at least twenty days before the hearing, or personally served at least ten days before? The hearing is the moment all concerned may appear to contest the allowance of the will, so notice is what protects your opportunity to be heard. Keep the envelope, the notice and the publication details — your lawyer will want each of them.
Related provisions
- Rule 76, Section 3 — Court to appoint time for proving will
- Rule 76, Section 4 — Heirs, devisees, legatees, and executors to be notified by mail or personally