Under venue rules, what is proper venue for probate when the decedent is a non-resident with estate in a province?

• A. Municipal Trial Court of the place of death.
• B. Regional Trial Court of any province where he had estate.
• C. Regional Trial Court in the capital city.
• D. Regional Trial Court of the decedent's last residence.

Answer: (B)

When testing venue for probate, the key idea is that the court must have jurisdiction over the decedent’s assets in the Philippines. If the decedent is a non-resident, there isn’t a Philippine domicile to anchor venue, so probate is filed where the estate is located—specifically, in the Regional Trial Court of a province where the decedent owned property. This allows the court to supervise and administer the assets that exist in that province.

That means the proper place is any RTC in a province where the estate is situated. If there are assets in more than one province, you may file in the RTC of any of those provinces. This explains why that option is correct.

The other choices don’t fit because probate matters are handled in an RTC, not a municipal court, and the venue isn’t determined by the decedent’s last residence (especially if the decedent was a non-resident). The capital city or a single universal venue isn’t required when the estate lies in multiple provinces.