Text of the provision
Art. 838. No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the testator's a death shall govern. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due execution.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
No will passes either real or personal property unless it is proved and allowed in accordance with the Rules of Court. The testator may himself petition for probate during his lifetime; a probate decree is conclusive as to due execution.
Questions about this provision
Related provisions
- Article 837 — No Automatic Revival.
- Article 839 — Grounds to Disallow a Will.
Cases citing this article
- Spouses Ricardo Pascual and Consolacion Sioson vs. Court of Appeals, et al, G.R. No. 115925, August 15, 2003 — read the decision on LawPhil →
- In the matter of the petition for the probate of the will of Consuelo, G.R. No. 204793, June 8, 2020 — read the decision on LawPhil →
- Dolores L. Hacbang and Bernardo J. Hacbang vs. Atty. Basilio H. Alo, G.R. No. 191031, October 5, 2015 — read the decision on LawPhil →
- Alejandra Arado, et al. vs. Anacleto Alcoran and Elenette Sunjaco, G.R. No. 163362, July 8, 2015 — read the decision on LawPhil →
- Cynthia V. Nittscher vs. Dr. Werner Karl Johann Nittscher, et al, G.R. No. 160530, November 20, 2007 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.