Spec Pro

PART II
SPECIAL PROCEEDINGS
GENERAL PROVISIONS
[RULE 72]
SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES
Sec. 1. Subject matter of special proceedings.
Rules of special proceedings are provided for in the ff cases:
(1) Settlement of estate of deceased persons;
(2) Escheat;
(3) Guardianship and custody of children;
(4) Trustees;
(5) Adoption;
(6) Rescission and revocation of adoption;
(7) Hospitalization of insane persons;
(8) Habeas corpus;
(9) Change of name;
(10) Voluntary dissolution of corporations;
(11) Judicial approval of voluntary recognition of minor natural children;
(12) Constitution of family home;
(13) Declaration of absence and death;
(14) Cancellation or correction of entries in the civil registry.
ACTION
To protect or enforce a right, or
to prevent or redress a wrong
Initiated by Complaint
Definite Parties
Answer is filed
Handled by court of general
jurisdiction
Adversarial
Statute of Limitations applies
15-day appeal period
Governed by: Ordinary Rules
Supplemented by: Special rules
SPECIAL PROCEEDINGS
To establish a status, right, or a
particular fact
Initiated by Petition
Definite petitioner, no definite
adverse party
Opposition is filed
Heard by court of limited jurisdiction
Not adversarial
No statute of limitations
30-day appeal period
Governed by: Special Rules
Supplemented by: Ordinary rules
SPs are NOT limited to the cases enumerated in Section 1. List is NOT
EXCLUSIVE.
- It includes cases the purpose of which is to establish the status or right of
a party or a particular fact.
- Other Special Proceedings:
o Petition for declaration of marriage,
o Liquidation of an insolvent corporation,
o Corporate rehabilitation,
o Recognition/enforcement/setting aside/vacation/modification of
arbitration awards and proceedings
o Arbitration
Cases covered by the Interim Rules of Intra-corporate controversies
Notes:
- GR: They are considered as Ordinary Civil Actions
o They seek to recover damages for a violation of a right.
Special Proceedings (SPs), defined: This is a remedy by which a party seeks to
- EXC: Petitions for Rehabilitation is still a Special Proceeding
establish a status, a right, or a particular fact. (Rule 1, Sec. 3c). It is also an
o They seek to establish a status or fact
application to establish any remedy other than an ordinary suit in a court of
Action for Reconveyance is an Ordinary Civil Action where matters relating
justice.
to the settlement of estate cannot be adjudicated
Ordinary Action v. Special Proceeding
- Ordinary Action: A formal demand of ones right in a court of justice in
the manner prescribed by the court or by the law. It is the method of
applying legal remedies according to definite established rules.
Sec. 2. Applicability of rules of civil actions.
- Special Proceedings: (See definition above) usually, no formal
pleadings are required, unless the statute so provides. The remedy is
In the absence of special provisions, the rules provided for in ordinary actions
granted upon an application or motion
shall be, as far as practicable, applicable in special proceedings.
LIFTED partly from the Book of Jurado and Bar Ops not plagiarized you fuckers! | 3B-10 | Arroyo
1|Patio, Erica
SETTLEMENT OF ESTATE OF DECEASED PERSONS

[RULE 73]
VENUE AND PROCESSES
Judicial:
o Testate: if the decedent left a will
o Intestate: In default of a valid will or when not all of the estate
is disposed of by will.
Note: Probate of a will is MANDATORY. Testate proceedings take precedence
over intestate proceedings.
Sec. 1. Where estate of deceased person settled.
Effect if Intestate Proceedings have commenced Prior to the Discovery of a

Will
IF the decedent is an inhabitant of the RP:
- Uriarte v. CFI: Probate shall commence even if an administrator had
- at the time of his death,
already been appointed. This is however, understood to be w/o prejudice
- whether a citizen or an alien
that the proceeding shall continue as intestacy (should the will be
his will shall be proved, OR letters of administration granted, AND his estate
rejected or disproved.
settled:
o The conversation of an intestate proceeding to a testate one is
- in the CFI in the province in which he resides
entirely a matter of form and lies within the sound discretion of
- at the time of his death, and
the court.
IF he is an inhabitant of a foreign country:
o The intestate proceeding may also be consolidated with the
- the CFI of any province in which he had estate.
testate proceeding.
- Letters of Administration, if already granted shall be revoked and all
The court first taking cognizance of the settlement of the estate:
powers thereunder shall cease.
- shall exercise jurisdiction to the exclusion of all other courts.
o The letters of administration shall NOT ipso facto be nullified
upon the discovery of a will. The will must be first proved and
The jurisdiction assumed by a court:
allowed.
- so far as it depends on the place of residence of the decedent, OR of the
location of his estate,
Venue
shall not be contested in a suit or proceeding, EXCEPT:
- Inhabitant of the RP: Where he resided at the time of his death
- in an appeal from the court in the original case or
- Inhabitant of a Foreign Country: Where he had his estate
- when the want of jurisdiction appears on the record.
- Note: Question of venue is to be decided by the FIRST COURT, to the
exclusion of others.
Notes:
Uriarte v. CA: Venue may be waived. Institution may be filed other than where
the decedent resided or where the estate is situated.
Settlement of Estate, defined: Intended to settle the entire estate of the
deceased. The fact of death is to be established and recognized by the heirs so
Fule v. CA: Residence ones personal, actual or physical habitation, his
they could exercise their right to participate in the settlement and liquidation of actual residence of place of abode.
the estate of the deceased.
- Simply requires physical presence unlike in domicile where intent to stay
is also required.
Settlement of Estate is a Proceeding IN REM: Binding against the whole
- No length of time required. However, it must be more than temporary.
world.
SP for Settlement of Estate may be:
Probate Courts as Courts of LIMITED jurisdiction:
- Extrajudicial: Rule 74 Section 1
- It may ONLY rule upon issues in relation to the settlement of the estate:
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o Administration
o Liquidation
o Distribution
This is one of the reasons why issues of ownership must be ventilated in

a separate action
Purchaser as Forced Intervenor in the Intestate Proceedings: He should

Probate Courts Powers: Order probate, appointment of
administrators/executors/guardians/trustees, grant letters of administration, hear answer the amended petition for the annulment of the sale.
Lease Subject to the Approval of the Court:
and approve claims against he estate, direct the delivery of the estate to those
- An order of the probate court which deprives a lessee of the estate w/o
entitled.
having the lease contract terminated or annulled in a separate civil action
Extension of probate courts jurisdiction
is NULL and VOID.
- Probate jurisdiction extends to matters incidental and collateral to the
exercise of a probate courts recognized powers such as selling,
- The courts approval of a partition does not automatically terminate the
mortgaging or otherwise encumbering realty belonging to the estate
lease contract, when the lessee is not a party to the partition.
(Heirs of Sandejas v. Lina, February 5, 2001)
Principle of Exclusionary Rule: Jurisdiction to the Exclusion of Others.
Probate Court: Lack of Jurisdiction to Adjudicate Title
- The court first taking cognizance of the settlement of the estate shall
- GR: Probate court cannot determine or pass upon questions of ownership
exercise jurisdiction to the exclusion of other courts
o It may not pass upon collateral matters not related to the
- Applies to both testate and intestate proceedings
settlement of the estate which may be commenced in a separate
- The probate court acquires jurisdiction UPON: Filing for the petition for
action.
settlement of estate.
- EXCEPTIONS:
- EXC. Estoppel by laches
1. Interested parties who are all heirs consent for the probate court to pass upon Note: Subsequent acts such as entering into extrajudicial partition or filing
title and 3rd parties are not prejudiced
another petition for settlement SHALL NOT deprive the first court of
o Reason: in essence, it is a procedural question involving a mode jurisdiction.
of practice which may be waived.
o Consent may be express or implied
Other Questions Which the Probate Court Can Determine
2. In a provisional manner, to determine whether property should be included in
1. Jurisdiction to determine the heirs (separate action is NOT proper)
the inventory, without prejudice to the final determination of title in a
2. Jurisdiction to Distribute Estate (determining the proportion or parts
separate action.
which each distributee is entitled)
o Since the probate courts findings are not conclusive, being
3. Jurisdiction to award attorneys fees
prima facie, a separate proceeding may be necessary to establish
4. Status of the heirs
the ownership of the property.
5. Recognition of a natural child
o Since it is merely provisional, it may not be a subject of
6. Validity of disinheritance
execution
7. Status of a woman who claims to be a lawful wife
o Order of inclusion or exclusion is merely INTERLOCUTORY
8. Validity of waiver of hereditary rights
3. Question is one of collation or advancement
9. Property regime of a married couple
10. Matters incidental or collateral related to the settlement of the estate
It is the policy of law to terminate proceedings for settlement with the least
loss of time.
- This is especially true with small estates which the rules provide for a Remedy if Venue is improperly laid
- GR: Ordinary appeal and NOT certiorari or mandamus
summary procedure.
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UNLESS: want of jurisdiction appears on the records
Sec. 2. Where estate settled upon dissolution of

marriage.
When the marriage is dissolved BY the death of the husband or wife:
- the community property shall be inventoried, administered, and
liquidated, and the
- debts thereof paid,
in the testate or intestate proceedings:
- of the deceased spouse.
- or if both spouses have died, of either.
Note:
In the settlement proceedings of the estate of the deceased spouse the

ENTIRE conjugal property of the marriage and not just belonging to
deceased is under administration.
Sec. 3. Process.
In the exercise of probate jurisdiction, CFI may:
- issue warrants and processes necessary
o to compel the attendance of witnesses or
o to carry into effect their orders and judgments, and
- all other powers granted them by law.
IF a person does not perform an order of judgment rendered by the said court:
- it may issue a warrant for the apprehension and imprisonment of
such person
- UNTIL he performs such order/judgment, OR is released.
EXCEPTIONS:
1. To satisfy distributive shares of the devisees, legatees, and heirs in possession
of decedents assets;
2. To enforce payment of expenses in partition;
3. To satisfy costs when a person is cited for examination in probate
proceedings.
4. To satisfy the claim in summary settlement proceedings of creditors or heirs
who appear w/in 2 years from the distribution.
Sec. 4. Presumption of death.
For purposes of settlement of his estate, a person shall be presumed dead:
- if absent and unheard from for the periods fixed in the Civil Code.
BUT if such person proves to be alive:
- he shall be entitled to the balance of his estate
- AFTER payment of all his debts.
The balance may be recovered by motion in the same proceeding.
Notes:
No Independent Action for Declaration of Presumption of Death
- The disputable presumption may arise and may be invoked within an
action or in a special proceeding
- Independently of such action it cannot be invoked
Periods:
- GR: After the absence of 7 years, presumed dead
- For purposes of Succession: 10 years
- If age is above 75: 5 years
- A person on board a vessel lost or airplane missing 4 years
- A person in the armed forces who took part in the war 4 years
- A person who has been in danger of death under other circumstances
4 years
Presumption of Death Must Yield to Preponderance of Evidence
- A person may be presumed dead depending on the circumstances even
w/o waiting for the period to expire to be presumed dead
Notes:
GR: Probate Court may NOT issue Writs of Execution
- Reason: Adjudication of claims against the estate may be satisfied w/o a
need of executor processes.
4|Patio, Erica
conditioned upon the payment of any just claim that may be filed under
Sec 4 of this rule.
It shall be presumed that the decedent left no debts:

- IF no creditor files a petition for letters of administration
- w/in 2 yrs after the death of the decedent.
[RULE 74]
SUMMARY SETTLEMENT OF ESTATES
Sec. 1. Extrajudicial settlement by agreement between heirs.
IF the:
decedent left no will and no debts and

heirs are all of age, or
minors are represented by their judicial/legal representatives duly
authorized,
the parties may, without securing letters of administration, divide the estate
among themselves:
- as they see fit by means of a public instrument
- filed in the office of the RD, and
should they disagree:
- they may do so in an ordinary action of partition.
IF there is ONLY 1 heir, he may:
- adjudicate to himself the entire estate
- by means of an affidavit (Affidavit of Self-Adjudication)
- filed in the office of the RD.
The fact of the extrajudicial settlement or administration:

- shall be published in a newspaper of general circulation;
but no extrajudicial settlement shall be binding upon any person who:
- has not participated therein or
- had no notice thereof.
Notes:
GR: Settlement of the estate should be through JUDICIAL administration
- EXCEPTIONS:
1. Extrajudicial Settlement (Sec 1)
2. Summary settlement of estates of small value (sec 2)
Note: In BOTH cases: An administrator/executor need not be appointed.
Different Modes of Settlement of Estate of the Deceased
1. Extrajudicial Settlement of estate (Sec 1 Rule 74)
2. Partition (rule 69)
3. Summary Settlement of estates of Small Value (Sec 3 Rule 74)
4. Probate of will (rule 75 to 79)
5. Petition for letters of Administration in cases of intestacy (rule 79)
Judicial Administration is NOT favored

- When a person dies w/o leaving pending obligations to be paid, his heirs
are not bound to submit the property to a judicial administration since it
The parties to an extrajudicial settlement (by public instrument or action of
is unnecessary
partition) or the sole heir (by affidavit) shall file:
- There must be good reason to warrant judicial administration
- simultaneously with and as a condition precedent to the filing of: public
- Good Reason depends on the circumstances of each case
instrument/stipulation in the action for partition/affidavit
o Dispute among heirs is not a good reason
a bond with:
o Multiplicity of suits is not a good reason
- the said RD
o To have legal capacity to appear is not a good reason
- in an amount equivalent to the value of the personal property involved
(as certified under oath by the parties) and
Requisites of Extra-judicial Settlement:
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Substantive
1. Decedent left NO
will and NO debts
2. The heirs are all of
age or are
represented by
guardians
time of settlement
Can be resorted to only at the instance
Procedural
1. Division must be in a public instrument OR and by agreement of all heirs. (If heirs
do not agree, they may resort to an
affidavit of adjudications (if sole heir)
action for partition)
2. Filed w/ the proper RD
3. Publication of notice of such settlement once a Amount of bond = amount of the
personal property
week for 3 consecutive weeks
May be instituted by ANY interested

party even a creditor of an estate w/o
the consent of all heirs
Amount of bond = determined by the
court
4. Bond filed equivalent to the value of the
personal property (conditioned on the

payment of just claims under sec 4 rule 74)
Note: Bond is only required when there is personal property. If what is involved
is real property then it shall be subject to a lien in favor of creditors for 2 full
years (cannot be substituted by a bond)
Partition although oral is valid and binding

- There is no law that requires partition to be in writing
- Sec 1 of Rule 74 which requires a partition be put in a public document
and registered is for the purpose of protecting creditors
Sec. 2. Summary settlement of estates of small value.
- If there are no creditors or their rights are not affected there is no need
to follow such requirement
When the gross value of the estate of a deceased person, whether he died testate
or intestate:
- Oral partition is not covered by the Statute of Frauds since there is no
conveyance of property, rather there is merely a confirmation of title
- does NE 10K pesos, and
already vested
- that fact is made to appear to the CFI having jurisdiction of the estate
BY the petition of an interested person AND upon hearing,:
Compromise Agreement regarding the partition is, upon perfection of such
- which shall be held NOT LESS than 1 mo NOR MORE than 3 mos
contract, binding even w/o previous authority of the court.
FROM the date of the last publication of a notice:
o which shall be published once a week for 3 consecutive weeks
No debts left it is sufficient that the debts are paid at the time the
o in a newspaper of general circulation in the province
extrajudicial settlement is entered into
and AFTER such other notice to interested persons as the court may direct, the
- There is also a presumption that the decedent left no debts: if no creditor court may proceed summarily:
files a petition for letters of administration w/in 2 years from the death of
o without the appointment of an executor or administrator, and
the decedent.
without delay,
- to grant, if proper, allowance of the will, if any there be,
EXTRAJUDICIAL Settlement
SUMMARY Settlement
- to determine who are the persons legally entitled to participate in the
Does not require court intervention;
Requires summary judicial adjudication
estate, and
Value of estate is immaterial;
Gross estate must NE 10K
- to apportion and divide it among them AFTER the payment of such
Allowed only in intestate succession; Allowed in both intestate and testate
debts of the estate as the court shall find to be due;
Proper only where there are no
Allowed even if there are debts; the
outstanding debts of the estate at the
court will make provision for payment
and such persons:
6|Patio, Erica
in their own right, if they are of lawful age/capacity, or

by their guardians or trustees legally appointed and qualified
shall thereupon be entitled to receive and enter into the possession of the
portions of the estate so awarded to them respectively.
And IF w/in the same time of 2 years, it shall appear:

- that there are debts outstanding against the estate which have not been
paid, or
- that an heir or other person has been unduly deprived of his lawful
The court shall:
participation payable in money,
- make such order as may be just respecting the costs of the proceedings, the court having jurisdiction of the estate may BY order for that purpose, AFTER
hearing:
and
- settle the amount of such debts or lawful participation and
all orders and judgments made or rendered in the course thereof:
- shall be recorded in the office of the clerk, and
- order how much and in what manner each distributee shall contribute in
the order of partition or award, IF it involves real estate:
the payment thereof, and
- shall be recorded in the proper register's office.
- may issue execution, if circumstances require,
o against the bond provided in the preceding section or
Notes:
o against the real estate belonging to the deceased, or both.
Such bond and such real estate shall:
- The Gross Value of the estate must NE 10K
- remain charged with a liability to creditors, heirs, or other persons
- In accordance w/ BP 129 the summary settlement of estates of small
- for the full period of 2 years AFTER such distribution,
value is within the jurisdiction of the MTCs
- notwithstanding any transfers of real estate that may have been made.
Sec. 3. Bond to be filed by distributees.
Notes:
The court, BEFORE allowing a partition in accordance with the provisions of
the preceding section, may require the distributees:
- IF property other than real is to be distributed,
- to file a bond:
o in an amount to be fixed by court,
o conditioned for the payment of any just claim
which may be filed under the next succeeding section.
Remedies of Aggrieved Parties After the Settlement of Estate:

1. Within 2 years claim against the bond or the real estate;
2. Rescission in case of preterition of compulsory heir in partition tainted
with bad faith (NCC Art. 1104);
3. Reconveyance of real property;
4. Action to annul deed of extrajudicial settlement on the ground of fraud
Rule Barring Distributees or Heirs from Objecting after the Expiration of 2

Years is NOT applicable to Those who had no Knowledge of Settlement
- Sampio v. CA: The rule is applicable ONLY:
IF it shall appear at any time w/in 2 years AFTER the settlement and
1. To persons who have participated or taken part or had notice of the
distribution of an estate in accordance with the provisions of either of the first 2
extrajudicial partition and
sections of this rule:
2. When the provisions of section 1 of Rule 74 have been strictly
- that an heir or other person has been unduly deprived of his lawful
complied with
participation in the estate,
Prescriptive Periods:
such heir or such other person may:
- Action to Annul a Deed of extrajudicial settlement on the ground of fraud
- compel the settlement of the estate in the courts in the manner hereinafter
may be filed:
provided
o w/in 4 years from discovery of the fraud
- for the purpose of satisfying such lawful participation.
Sec. 4. Liability of distributees and estate.
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o Discovery is from the registration of the instrument to the RD.

-
(since in rem proceeding so constructive notice to the world)

Action for Reconveyance based on implied trust may be filed:
o w/in 10 years from the date of registration of the deed or title
o if the registration was made in bad faith period is counted from
the discovery of the fraud and PROVIDED that the property has
not passed to an innocent purchaser for value
Sec. 5. Period for claim of minor or incapacitated person.

IF on the date of the expiration of the period of 2 years prescribed in the
preceding section the person authorized to file a claim:
- is a minor or
- mentally incapacitated, or
- is in prison or
- outside the Philippines,
he may present his claim w/in 1 year AFTER such disability is removed.
[RULE 75]
PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY
Sec. 1. Allowances necessary; Conclusive as to execution.
1. It is a Proceeding In rem binding on the whole world

2. It is Mandatory It is anomalous that the estate of a person who dies
testate should be settled in an intestate proceeding. The law enjoins the
probate of the will and public policy requires it, because unless the will is
probated, the right of person to dispose of his property by will may be
rendered nugatory.
o EXC: Property may pass even w/o probate on the basis of Art
1080 NCC which provides that when the testator has made an act
inter vivos or by will, such partition shall stand in so far as it
does not prejudice the legitime of the forced heirs.
3. Imprescriptible
4. The doctrine of estoppel does NOT apply. (Reason: since probate is
mandatory no matter what the circumstances are)
Probate Does Not Look Into Intrinsic Validity
GR: Probate courts are limited only to pass upon the extrinsic validity of the will
EXC: The probate court may pass upon the intrinsic validity based on the
principle of practical considerations. When the probate of will might become
an idle ceremony if on its face it appears to be intrinsically void.
Note: The exception does not apply when the meat of the controversy is not the
intrinsic validity. It only applies when the intrinsic invalidity is apparent on the
face of the will.
Effect of Probate Decree: The decree shall render conclusive the due execution
of the will. It cannot be impugned on any grounds except on fraud.
No will shall pass either real or personal estate:

- UNLESS it is proved and allowed in the proper court.
What is the Extent of Due Execution:
SUBJECT to the right of appeal, such allowance of the will shall be conclusive
1. The will was executed in accordance with the strict formalities of the law
as to its due execution.
2. The testator was of sound and disposing mind at the time of the
execution of the will
Notes:
3. Consent is not vitiated by any duress, fear or threats
4. The will was not procured by any under influence from the beneficiary or
Probate, defined: It is the act or proving in court a document purporting to be
by some other person for his benefit
the last will and testament of a certain deceased person for the purpose of its
5.
The signature of the testator is genuine
official recognition, registration and carrying out its provision in so far as they
are in accordance with law.
How Extrinsic Validity Determined
- Substantial Compliance is Sufficient: when the purpose of the law has
Note: Until a will is admitted to probate, it shall have no effect and no right can
been satisfied
be claimed thereunder.
Nature of Probate Proceedings
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o Ratio: solemnities are intended to protect the testator form all

-
kind of fraud and trickery but never to be so rigid as to destroy

the testamentary privilege.
Formal Imperfections to be Brushed Aside
Probate Courts as Courts of LIMITED jurisdiction:

- It may ONLY rule upon issues related to the settlement of the estate:
o Administration
o Liquidation
o Distribution
- It has no jurisdiction to adjudicated title on property
- See notes p 2-3 for the exceptions to the rule on limited jurisdiction
Exclusionary Rule in Probate Proceedings
- When a probate court first takes cognizance and jurisdiction over the
settlement of the estate it shall continue to exercise such power to the
exclusion of other courts.
A person named as executor in a will shall w/in 20 days:

- AFTER he knows of the death of the testator
- AFTER knows that he is named executor IF he obtained such knowledge
after the death of the testator
present such will to the court having jurisdiction:
- UNLESS the will has reached the court in any other manner, and
shall, within such period, signify to the court in writing:
- his acceptance of the trust OR his refusal to accept it.
Sec. 4. Custodian and executor subject to fine for neglect.

A person who neglects any of the duties required in the 2 last preceding
sections:
- w/out excuse satisfactory to the court
- shall be fined NE 2K pesos.
Sec. 5. Person retaining will may be committed.
Sec. 2. Custodian of will to deliver.
A person having custody of a will AFTER the death of the testator

- who neglects without reasonable cause to deliver the same, when
ordered so to do, to the court having jurisdiction,
- may be committed to prison and there kept UNTIL he delivers the will.
The person who has custody of a will shall:

- w/in 20 days after he knows of the death of the testator,
- deliver the will
o to the court having jurisdiction, OR
o to the executor named in the will.
Notes:
Failure to attach original of will to petition is not critical where the will
itself was adduced in evidence. It is not necessary to attach the original
will to petition for probate.
Sec. 3. Executor to present will and accept or refuse trust.
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Any executor/devisee/legatee named in a will OR any other person interested

in the estate, may:
- at any time after the death of the testator
- petition the court having jurisdiction to have the will allowed,
- whether the same be in his possession or not, or is lost or destroyed.
The testator himself may during his lifetime:
- petition the court for the allowance of his will.
Notes:
Who May Petition for the Allowance of a Will:
1. Any creditor as preparatory step for filing his claim therein;
2. Devisee or legatee
3. Person interested in the estate (heirs)
o Interested Party: one who would be benefitted by the estate
such as an heir or one who has a claim against the estate such as
a creditor.
o One who is only indirectly interested in a will may not interfere
in its probate.
4. Executor
5. Testator himself during his lifetime.
Who may be a Party in a Probate - GR: Any person having a direct and
material interest in the will or estate
Probate Proceedings are NOT Subject to Prescription: Such petition may be
filed at any time and is required by public policy
Jurisdiction How Acquired
- Filing a petition for probate
- Delivery of the will is also sufficient even if no petition for probate is
filed (Ratio: Because upon the will being deposited, the court could
motu proprio take steps for proving the will)
[RULE 76]
ALLOWANCE OR DISALLOWANCE OF WILL
Sec. 1. Who may petition for the allowance of will.
Note: Attaching a mere copy of the will is sufficient: It has been the practice of
some courts to permit attachment of a mere copy of the will w/o prejudice to
producing the original at the hearing or when the court so required. This is a
precautionary measure to avoid the will being lost or destroyed.
IF Petition For Probate is Filed BY:
A Third Person
Notice published once a week for 3
consecutive weeks
The Testator Himself

Newspaper publication not required
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Personal notice given to designated or

known heirs, legatees and devisees
Personal notice sent only to testators

compulsory heirs
Sec. 2. Contents of petition.

A petition for the allowance of a will must show, so far as known to the
petitioner:
shall fix a time and place for proving the will when all concerned may
appear to contest the allowance thereof, and
- shall cause notice of such time and place to be published
o 3 weeks successively, previous to the time appointed,
o in a newspaper of general circulation in the province.
But no newspaper publication shall be made:
- where the petition for probate has been filed by the testator himself.
Notes:
(a) The jurisdictional facts;

(b) The names, ages, and residences of the heirs, legatees, and devisees of the
testator or decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters are prayed;
(e) IF the will has not been delivered to the court, the name of the person
having custody of it.
But no defect in the petition shall render void:
- the allowance of the will, or
- the issuance of letters testamentary or of administration with the will
annexed.
Probate of the Will is a Proceeding In Rem

- Notice of publication as a prerequisite to the allowance of a will, it is
constructive notice to the whole world, and when probate is granted the
judgment is binding upon everybody, even against the State.
- If there is no notice proceeding for settlement is VOID
Note: 3 weeks successively is NOT strictly 21 days. It is sufficient that
publication has been made once a week successively 3 times, even if less than 21
days intervened between the first and last publication.
Sec. 4. Heirs, devisees, legatees, and executors to be notified by mail or

Notes:
personally.
Jurisdictional Facts Alleged in Probate Proceedings
1. Person died leaving a will;
The court shall also cause copies of the notice of the time and place fixed for
2. In case of a resident, that he resided within the territorial jurisdiction of proving the will
the court; (in the case of non-resident, that he left an estate within such
- to be addressed:
territorial jurisdiction)
o TO the designated or other known heirs, legatees, and devisees
of the testator resident in the RP
o AT their places of residence, and
- deposited in the post office
- with the postage thereon prepaid at least 20 days before the hearing,
if such places of residence be known.
Sec. 3. Court to appoint time for proving will. Notice thereof to be published.
When a will is delivered to, OR a petition for the allowance of a will is filed in,
the court having jurisdiction, such court:
A copy of the notice must in like manner be mailed:

- to the person named as executor, IF he NOT be petitioner; also,
- to any person named as co-executor not petitioning,
11 | P a t i o , E r i c a
IF their places of residence be known.

Personal service of copies of the notice at least 10 days BEFORE the day of
hearing shall be equivalent to mailing.
IF the testator asks for the allowance of his own will:
- notice shall be sent ONLY to his compulsory heirs.
Notes:
Persons to be given notice:
1. Designated or known heirs, legatees and devisees and
2. Executor and co-executor if not the petitioner
Note: Requirement is not satisfied by mere publication of notice of hearing.
Notice to the designated persons is required.
Modes of Notification
1. If by mail: 20 days before hearing
2. If through personal service: 10 days before hearing
Evidence Required in Support of a Will

1. Notarial Wills Testimony of at least 1 of the subscribing witnesses that the
will was executed as required by law
- If all of such witnesses are outside the province - Deposition is allowed
(Sec 7)
- If such witness are dead, insane, or none of them resides in the RP The
court may admit testimony of other witnesses to prove the due execution
of the will. It may admit proof of the handwriting of the testator and the
subscribing witnesses. (Sec 8)
2. Holographic Wills Testimony of 1 witness who knows the handwriting
and signature of the testator. In the absence thereof, testimony of an expert
witness.
In Holographic Wills:
- GR: Holographic will if destroyed CANNOT be probated
- EXC: If there exists a photostatic copy
Sec. 6. Proof of lost or destroyed will. Certificate thereupon.
NO will shall be proved as a lost or destroyed will UNLESS:

1. the execution and validity of the same be established, AND
2. the will:
At the hearing compliance with the provisions of the last 2 preceding sections:
o is proved to have been in existence at the time of death of the
- must be shown BEFORE the introduction of testimony in support of the
testator, OR
will.
o is shown to have been fraudulently or accidentally destroyed in the
All such testimony shall:
lifetime of the testator without his knowledge, OR
- be taken under oath AND reduced to writing.
3.
its provisions are clearly and distinctly proved by at least 2 credible
IF no person appears to contest the allowance of the will, the court may:
witnesses.
- grant allowance thereof on the testimony of 1 of the subscribing
witnesses only
When a lost will is proved, the provisions thereof:
- IF such witness testify that the will was executed as required by law.
- must be distinctly stated and
- certified by the judge, under the seal of the court, and
In the case of a holographic will, it shall be necessary:
the
certificate:
- that at least one 1 who knows the handwriting and signature of the
- must be filed and recorded as other wills are filed and recorded.
testator
- explicitly declare that the will and the signature are in the handwriting of
Note: This section applies to a lost or destroyed notarial will and NOT to a
the testator.
holographic will.
In the absence of any such competent witness, AND IF the court deem it
necessary: expert testimony may be resorted to.
Note: Fact #s 1, 2 and 3: Must be proved in order for a lost and destroyed will
Notes:
may be allowed.
Sec. 5. Proof at hearing. What sufficient in absence of contest.
12 | P a t i o , E r i c a
Facts # 1 and 3: Constitute secondary evidence in lieu of the original will

provided the loss of the will is proved.
Fact # 2: Required to be proved to preclude the inference that the testator
destroyed his own will.
Sec. 7. Proof when witnesses do not reside in province.
IF it appears at the time fixed for the hearing:
- that none of the subscribing witnesses resides in the province,
- but that the deposition of one or more of them can be taken elsewhere
the court:
- may on motion, direct it to be taken, and
- may authorize a photographic copy of the will
o TO be made AND TO be presented
o to the witness on his examination, WHO may be asked the same
questions with respect:
to it AND to the handwriting of the testator and others, as would be pertinent and
competent if the original will were present.
execution of the will is entitled to greater weight than the testimony of a person
casually called to participate in the act.
Note: Test of w/n the will was signed in the presence of one another Not
actually seeing it but w/n he was in a position to see it by the mere casting of the
eyes.
Sec. 9. Grounds for disallowing will.

The will shall be disallowed in any of the ff. cases:
(a) If not executed and attested as required by law;

(b) If the testator was insane, or otherwise mentally incapable to make a will,
at the time of its execution;
(c) If it was executed under duress, or the influence of fear, or threats;
(d) If it was procured by undue and improper pressure and influence, on the
part of the beneficiary, or of some other person for his benefit;
(e) If the signature of the testator was procured by fraud or trick, and he did
Sec. 8. Proof when witnesses dead or insane or do not reside in the Philippines. not intend that the instrument should be his will at the time of fixing his
signature thereto.
IF it appears at the time fixed for the hearing:
- that the subscribing witnesses are dead or insane, OR
- that none of them resides in the RP
the court may admit the testimony of other witnesses to prove:
- the sanity of the testator, and
- the due execution of the will;
and as evidence of the execution of the will, it may admit:
- proof of the handwriting of the testator and of the subscribing witnesses,
or of any of them.
Notes:
Substantial Compliance Rule, defined: If the will has been executed in
substantial compliance with the formalities of the law, and the possibility of bad
faith and fraud is obviated, said will should be admitted to probate
- It is allowed when the purpose of the law has been satisfied since the
solemnities are intended to protect the testator from all kinds of fraud and
trickery.
In Holographic Wills:
- The law does not require a particular location where the date should be
placed. For as long as it is dated, it complies w/ the requirement.
Weight of Testimonial Evidence
GR: The date should contain the day, month and year
- A will may be allowed even if some witnesses do not remember having
- EXC: when there is no fraud, undue influence, or bad faith, the
attested to it, if other evidence satisfactorily show due execution.
authenticity is established and the only question is the validity of the date
- The failure of the witness to identify his signature does not bar probate.
substantial compliance may be applied.
Note: In weighing the testimony of the attesting witnesses to a will, the statement
Ground for Disallowance of Wills are EXCLUSIVE. Hence, the ONLY issues
of a competent attorney charged w/ the responsibility of seeing to the proper
to be resolved are:
1. w/n the instrument was indeed the decedents will
Notes:
13 | P a t i o , E r i c a
2. w/n the will was executed in accordance w/ the formalities prescribed by

law
3. w/n the decedent had the necessary testamentary capacity at the time the
will was executed
4. w/n the execution of the will and the signing were voluntarily made
Sec. 11. Subscribing witnesses produced or accounted for where will contested.
IF the will is contested:

Solemnities Include:
- all the subscribing witnesses AND the notary in the case of wills
- Notarial wills: subscription, attestation and acknowledgement
executed under the NCC,
- if present in the Philippines and not insane,
- Holographic wills: entirely written, signed and dated by the hand of the
must be produced and examined, AND the death, absence, or insanity of any of
testator himself.
them must be satisfactory shown to the court.
Separate Will may be Probated Jointly: When the two wills contain essentially
the same provisions and pertain to properties which in all probability are conjugal IF all or some of such witnesses are present in the RP BUT outside the province
where the will has been filed:
in nature, practical considerations dictate their joint probate.
- their deposition must be taken.
IF any or all of them:
- testify against the due execution of the will, or
- do not remember having attested to it, or
Anyone appearing to contest the will must:
- State in writing his grounds for opposing its allowance, and
- are otherwise of doubtful credibility,
- Serve a copy thereof on the petitioner and other parties interested in the the will may, nevertheless, be allowed:
estate.
- IF the court is satisfied
o FROM the testimony of other witnesses and FROM all the
evidence presented
- that the will was executed and attested in the manner required by law.
Sec. 10. Contestant to file grounds of contest.
IF a holographic will is contested, the same shall be allowed:

- IF at least 3 witnesses who know the handwriting of the testator
explicitly declare that the will and the signature are in the handwriting of
the testator;
- in the absence of any competent witness, AND if the court deem it
necessary, expert testimony may be resorted to.
Note:
In holographic wills: when the authenticity of the will is not being
questioned - There is no necessity of presenting the 3 witnesses.
14 | P a t i o , E r i c a
Sec. 12. Proof where testator petitions for allowance of holographic will.
[RULE 77]
Where the testator himself petitions for the probate of his holographic will
ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND
AND no contest in filed:
ADMINISTRATION OF ESTATE THEREUNDER
- the fact that he affirms that the holographic will and the signature are in
his own handwriting,
Sec. 1. Will proved outside Philippines may be allowed here.
- shall be sufficient evidence of the genuineness and due execution
thereof.
Wills proved and allowed in a foreign country:
- according to the laws of such country
IF the holographic will is contested:
- may be allowed, filed, and recorded by the proper CFI in the RP.
- the burden of disproving the genuineness and due execution thereof shall
be on the contestant.
Notes:
The testator may, in his turn, present such additional proof as may be necessary
to rebut the evidence for the contestant.
The Rule Talks About the Reprobate of the Will:
- It is a requirement that the will proved and allowed in a foreign country
must be re-probated in the RP.
Sec. 13. Certificate of allowance attached to proved will. To be recorded in the
- If the decedent owns properties in different countries separate
Office of Register of Deeds.
proceedings must be had to cover the same.
IF the court is satisfied, upon proof taken and filed:
- that the will was duly executed, and
- that the testator at the time of its execution was of sound and disposing
mind, and not acting under duress, menace, and undue influence, or
fraud,
a certificate of its allowance:
o signed by the judge, and attested by the seal of the court
- shall be attached to the will and
- filed and recorded by the clerk.
Attested copies of the will devising real estate and of certificate of allowance
thereof:
- shall be recorded in the RD of the province in which the lands lie.
2 Types of Administration of Estate

1. Principal Administration: That which is granted in the jurisdiction of
the decedents domicile (Domiciliary Administration)
2. Ancillary Administration: That instituted where the decedent left his
estate
Evidence Necessary for the Reprobate of Allowance of Wills Which Have
Been Granted Outside the RP:
1. The due execution of the will in accordance with the foreign laws
2. The testator had his domicile in the foreign country and not in the RP
3. The will has been admitted to probate in such country
4. The fact that the foreign tribunal is a probate court
5. The laws of a foreign country on procedure and allowance of wills.
What are the Effects of Allowance of a Will under This Rule?
15 | P a t i o , E r i c a
1. The will shall be treated as if originally proved and allowed in RP courts

2. Letters testamentary or administration with the will annexed shall extend to
4. Hearing and
5. Certificate of Allowance
all estates of the RP
3. After payment of just debts and expenses of administration, the residue of

the estate shall be disposed of as provided by law in cases of estates in the
RP belonging to persons who are inhabitants of another state or country.
In Re-Probate of a Will Proven Abroad, Proponent Must prove:

Testator was domiciled in the foreign country;
Will has been admitted to probate in such country;
Foreign country was, under the laws of such country, a probate court
with jurisdiction;
Law on foreign probate procedure and proof of compliance therewith;
Legal requirements in said country for valid execution of will.
The Court shall Give Notice as in the Case of an Original Will Presented
for Probate
- This rule means that w/ regard to notices, the will probated abroad
should be treated as if it were an original will or a will that is presented
for probate for the first time.
Sec. 3. When will allowed, and effect thereof.
IF it appears at the hearing:

- that the will should be allowed in the RP,
- the court shall so allow it, and
a certificate of its allowance:
- signed by the judge, and attested by the seal of the court, to which shall
be attached a copy of the will,
Sec. 2. Notice of hearing for allowance.
- shall be filed and recorded by the clerk, and
When a copy of such will AND of the order or decree of the allowance thereof, the will shall have the same effect as if originally proved and allowed in such
court.
both duly authenticated:
- are filed with a petition for allowance in the RP
Sec. 4. Estate, how administered.
- by the executor or other person interested,
- in the court having jurisdiction
When a will is thus allowed, the court shall:
such court shall:
- grant letters testamentary, or letters of administration with the will
- fix a time and place for the hearing, AND
annexed, and
- cause notice thereof to be given as in case of an original will presented
such
letters
testamentary or of administration, shall:
for allowance.
- extend to all the estate of the testator in the RP.
Notes:
Such estate, AFTER the payment of just debts and expenses of administration:
- shall be disposed of according to such will, so far as such will may
Requisites of Ancillary Administration
operate upon it; and
1. There must be a will
the
residue,
if any:
2. There must be filing of:
- shall be disposed of as is provided by law
a. Copy of the will executed in foreign country
- in cases of estates in the RP belonging to persons who are inhabitants of
b. Order or decree of foreign court allowing such will
another state or country.
c. Authentication of requisites a and b above
d. Petition for allowance of the will.
Notes:
3. Notice of time and place of the will
16 | P a t i o , E r i c a
Territorial Limits of Administration

- GR: Administration extends only to the assets of the decedent found
within the state or country where it was granted
- Meaning: An administration appointed in one state or country has no
power over property in another state or country
Need for Ancillary Administration
- The Ancillary Administration is proper whenever a person dies living in
a country other than that of his domicile, property to be administered in
the nature of assets of the decedent, liable for his individual debts or to
[RULE 78]
be disturbed among his heirs.
LETTERS TESTAMENTARY AND OF ADMINISTRATION, WHEN AND
TO WHOM ISSUED
Sec. 1. Who are incompetent to serve as executors or administrators.
No person is competent to serve as executor or administrator who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of the trust by reason
of drunkenness, improvidence, or want of understanding or integrity, or by reason
of conviction of an offense involving moral turpitude.
Who Can Administer the Estate?
One named by the testator in his will for the
1. Executor
administration of his property after his death
One appointed by the court in accordance with the rules
2. Administrator,
of governing statutes to administer and settle the
regular or
intestate estate
special,
(Rule 80)
One appointed by the court in cases when, although
3. Administrator
there is a will, the will does not appoint any executor, or
with a will
if appointed, said person is either incapacitate or
annexed
unwilling to serve as such
(Rule 79 Sec 1)
Executor
Nominated by the testator and
appointed by the court
Administrator
Appointed by the intestate court in case the
testator:
a. Dies w/o leaving a will
b. Did not name any executor even if there was a
will or
c. If there be one named, he is incompetent or
refuses the trust or fails to give a bond, or the
will is subsequently declared null and void
17 | P a t i o , E r i c a
Must present will to the court within

20 days after knowledge of death or
of such appointment, unless the will
has reached the court in any manner
Testator may provide that he may
serve without a bond (Court may still
require but conditioned only in
payment of debts)
Compensation may be provided for
by testator otherwise, compensation
under Rule 85, Sec. 7
No such duty
Must always post bond
Governed by Rule 85, Sec. 7
Note: An Executor and Administration must be COMPETENT
There must be soundness of moral privilege and character as shown by a

persons dealing with others
- Probity, honesty and uprightness in business relations with others
- An accusation of want of integrity must be grave in its nature and must
be established by proof which would approach a certainty required for
conviction in a criminal prosecution
7. Conviction of an Offense Involving Moral Turpitude
- An act of baseness, vileness or depravity in the private and social duties
which a man owes his fellow men
Note: The Court CANNOT Add New Causes of Disqualification
Negative Factors: Disqualifies One From Being an Administrator/Executor

Note: Antagonism to those interested in an estate may be taken into consideration
1. Minors
when determining the fitness of the person to be appointed
2. Non-Residents
3. Drunkenness
Sec. 2. Executor of executor not to administer estate.
- State of Intoxication: The effect produced upon the mind or body by
drinking intoxicating liquors to such an extent that the normal condition The executor of an executor shall NOT, as such, administer the estate of the first
of the subject is changed and his capacity for rational action and conduct testator.
is substantially lessened.
- It is something more gross than occasional intoxication. It is only when Sec. 3. Married women may serve.
their habits of drink are carried so far as to cloud the brain and weaken
their respect for honesty and integrity will the disqualification apply.
A married woman:
- It must be excessive, inveterate, and continued use of intoxicants, to such
- may serve as executrix or administratrix, and
an extent as to render the subject of the habit unsafe against to entrust
the marriage of a single woman:
with the care of property or the transaction of business.
- shall NOT affect her authority so to serve under a previous appointment.
4. Improvidence
- When the want of care and foresight in the management of property or Sec. 4. Letters testamentary issued when will allowed.
lack of business capacity which would likely to render the estate and
effects of the intestate unsafe
When a will has been proved and allowed, the court:
- Symptoms: Carelessness, indifference, prodigality, wastefulness or
- shall issue letters testamentary thereon TO the person named as executor
negligence in reference to care of management and preservation of
therein, IF:
property
o he is competent,
- Gambling habits might establish improvidence
o accepts the trust, and
5. Want of Understanding
o gives bond as required by these rules.
- Lack of intelligence, not mere weakness of the mind
- Weakness of mind must be such as would subject one to sinister
Notes:
influence or coercion against the interest of the objection
6. Want of Integrity
Letters
It is the authority issued to an executor named in the
Testamentary
will to administer the estate.
18 | P a t i o , E r i c a
Letter of
Administration
Letters of
Administration w/
Will Annexed
It is the authority issued by the court to a competent

person to administer the estate of the deceased who
died intestate.
It is the authority issued by the court to a competent
person to administer the estate if the executor named
in the will refused to accept the office.
be incompetent or unwilling, or
IF the husband or widow, or next of kin:
- neglects for 30 days after the death of the person:
o to apply for administration or
o to request that administration be granted to some other person,
it may be granted to one or more of the principal creditors, IF competent and
willing to serve;
(c) IF there is no such creditor competent and willing to serve, it may be granted
to such other person as the court may select.
Sec. 5. Where some coexecutors disqualified others may act.
Notes:
Order of Preference
When ALL of the executors named in a will cannot act:
1. Surviving husband or wife
- because of incompetency,
2. Next of Kin
- refusal to accept the trust, or
3. Principal Creditors
- failure to give bond, on the part of one or more of them,
4. Such Other person as the court may select
letters testamentary may issue to:
- such of them as are competent, accept and give bond, and
GR: The court CANNOT set aside the order of preference in Sec 6
- they may perform the duties and discharge the trust required by the will. EXC: When the persons who have the preferential right to be appointed under
the rule are not competent or are unwilling to serve the courts may select such
Sec. 6. When and to whom letters of administration granted.
other person.
IF:
no executor is named in the will, OR

the executor or executors are incompetent, refuse the trust, or fail to give
bond, OR
- a person dies intestate,
administration shall be granted:
Note: The Order of Appointment of Regular Administrator is final and

appealable. (Pending appeal, the old administrator has the right to continue as
such)
Basis for the Preferential Right: The assumption is that those who will reap the
benefits of a wise, speedy and economical administration of the estate, have the
higher interest and motive to administer the estate correctly.
(a) To the surviving husband or wife, as the case may be, or next of kin, or both,
Mere Failure to Apply for Letters of Administration Does Not Automatically
- in the discretion of the court, or
Remove Preference: There must be a very strong case to justify the exclusion of
To such person as such surviving husband or wife, or next of kin, requests to
the widow from administration.
have appointed:
if competent and willing to serve;
Herrera: The 30-day Period May be Waived. The provision merely provides that
(b) IF such surviving husband or wife, as the case may be, or next of kin, or the the said letter as an alternative may be granted to one or more of the principal
creditors.
person selected by them:
19 | P a t i o , E r i c a
Co-Administrators May be Appointed for the Benefit of the Estate and

Those Interested Therein
- For the benefit of the state and those interested therein, more than one
administrator may be appointed this is legally permissible and
sanctioned in practice.
The Appointment of Co-Administrators Has Been Upheld by for Various
Reasons:
1. To have the benefit of their judgment and for the purpose of having
different interests represented at all times.
2. Where justice and equity demand that opposing parties or factions be
represented in the management of the estate of the deceased
3. When the estate is large or, from any cause, an intricate and perplexing
one to settle
4. To have all interested persons satisfied and the representatives to work in
harmony for the best interests of the state
5. When a person entitled to the administration of an estate desires another
competent person associated with him in office.
[RULE 79]
OPPOSING ISSUANCE OF LETTERS TESTAMENTARY. PETITION
AND CONTEST FOR LETTERS OF ADMINISTRATION
Sec. 1. Opposition to issuance of letters testamentary; Simultaneous petition

Scope of Limit of Administration
for administration.
- GR: Extends ONY to the assets of the decedent found within the state or
country where it was granted (The administrator in one state has no
Any person interested in a will may:
power over property in another state)
- state in writing the grounds why letters testamentary should not issue
to the persons named therein executors, or any of them, and
the court, AFTER hearing UPON notice, shall:
- pass upon the sufficiency of such grounds.
A petition may, at the same time, be filed for letters of administration with the
will annexed.
Notes:
Main Issue
Person to Oppose The
Issuance of Letters
Ground for Opposition
Determination of the person who is rightfully

entitled to administration
Any person interested in the will
Incompetence
Sec. 2. Contents of petition for letters of administration.

A petition for letters of administration:
20 | P a t i o , E r i c a
must be filed by an interested person and

must show, so far as known to the petitioner:
Notes:
Section 3, Rule 79 is JURISDICTIONAL

- Publication for 3 weeks and notice to heirs creditors and other persons
(b) The names, ages, and residences of the heirs, and the names and residences of
having an interest is required before hearing
the creditors, of the decedent
- Eusebio v. Valmores: When no notice as required by Sec 3 has been
(c) The probable value and character of the property of the estate;
given to persons believed to have an interest in the estate, the proceeding
(d) The name of the person for whom letters of administration are prayed.
is void and should be annulled. The requirement as to notice is essential
to the validity of the proceedings in order that no person may be deprived
But NO defect on the petition shall render void the issuance of letters of
of his right to property without due process of law.
administration.
Sec. 4. Opposition to petition for administration.
Notes:
Any interested person may, BY filing a written opposition:

- contest the petition on the ground:
The Jurisdictional Facts: Death of the testator, his residence at the time of
o of the incompetency of the person for whom letters are prayed
death, if he is an inhabitant of a foreign country, his having left his estate in such
therein, OR
province.
o of the contestant's own right to the administration, and
- may pray that letters issue to himself, or to any competent person or
Interested Party, defined: one who would be benefitted by the estate such as an
persons named in the opposition.
heir or one who has a claim against the estate such as a creditor.
Lack of Interest of the person opposing is NOT jurisdictional
- The petition however may still be objected to on the ground of lack of
legal capacity to institute the proceedings
- Failure to move for dismissal will amount to a waiver on such ground
One will be estopped under the omnibus motion rule
Notes:
Grounds for Opposition:
In Letters Testamentary
In Letters of
Administration
Incompetence
*Incompetence
*Preferential right of the heir under Rule 78
Note: Defects in the petition may be cured by failure to make timely objection.
Sec. 3. Court to set time for hearing. Notice thereof.
Sec. 5. Hearing and order for letters to issue.
When a petition for letters of administration is filed in the court having

jurisdiction, such court:
- shall fix a time and place for hearing the petition, and
- shall cause notice thereof to be given:
o to the known heirs and creditors of the decedent, and
o to any other persons believed to have an interest in the estate,
o in the manner provided in Sections 3 and 4 of Rule 76.
At the hearing of the petition, it must first be shown:

- that notice has been given as hereinabove required, and
thereafter the court shall:
- hear the proofs of the parties in support of their respective allegations,
AND
IF satisfied
- that the decedent left no will, OR
- that there is no competent and willing executor,
21 | P a t i o , E r i c a
it shall order the issuance of letters of administration to the party best entitled
thereto.
Notes:
Letters of Administrations Shall Issue IF it is Proven:
1. Notice as required in Sec 3 was given
2. The decedent left no will; or if there is no competent and willing
executor.
Sec. 6. When letters of administration granted to any applicant.

Letters of administration may be granted:
- to any qualified applicant, though it appears that there are other
competent persons having better right to the administration,
- IF such persons fail to appear when notified and claim the issuance of
letters to themselves.
[RULE 80]
SPECIAL ADMINISTRATOR
Sec. 1. Appointment of special administrator.
When there is delay in granting letters testamentary or of administration:
- BY any cause including an appeal from the allowance or disallowance of
a will,
the court may:
- appoint a special administrator to take possession and charge of the
estate of the deceased
- UNTIL the questions causing the delay are decided and executors or
administrators appointed.
Notes:
Special Administrator, defined: A representative of decedent appointed by the
probate court to care for and preserve his estate until an executor or general
administrator is appointed
Administrator
Appointed when deceased died
intestate or did not appoint an executor
in the will or will was disallowed
One of the obligations is to pay the
Special Administrator (SA)

Appointed when there is delay in
granting letters testamentary or
administration
Cannot pay debts of the estate
22 | P a t i o , E r i c a
debts of the estate

Appointment May be subject of appeal
for that purpose may commence and maintain suits as administrator.

(3)
He may sell: (4)
- ONLY such perishable and other property as the court orders sold.
When May a Probate Court Appoint a SA:
A special administrator shall:
1. Delay in granting letters by any cause including an appeal in the probate
- NOT be liable to pay any debts of the deceased
of the will
- UNLESS so ordered by the court. (5)
2. Executor is a claimant of the estate he represents (Sec 8, Rule 86)
Note: In #2: The administrator shall have the same powers as that of a general Notes:
administrator
Not subject of appeal (it is an
interlocutory order)
There are 5 powers and duties of a SA contemplated in Sec 2 (see numbering

Appointment of a SA lies entirely in the sound discretion of the court.
above)
- It needs to be emphasized that in the issuance of such appointment, it is
- The SA has also the duty to submit an inventory and to render an
only temporary and subsists only until a regular administrator is
accounting of his administration as required in the terms of his bond (Sec
appointed.
4, Rule 81)
- Discretion however must be sound and not whimsical or contrary to
reason, justice, equity or legal principle
Note: SAs as officers of the court are subject to the supervision and control of
Note: Preference in Sec 6 Rule 79 refers to the appointment of a regular
the probate court
administrator and NOT a SA
Sec. 3. When powers of special administrator cease; Transfer of effects;
Pending suits.
Note: Notice through Publication is a JURISDICTIONAL requirement even in
the appointment of a SA (Sec 3, Rule 79)
When letters testamentary or of administration are granted on the estate of the
deceased:
Causes in Appointing a SA
- the powers of the special administrator shall cease, and
- The basis for appointing is broad enough to include any cause or reason
- he shall forthwith deliver to the executor or administrator the goods,
for the delay in granting the letters
chattels, money, and estate of the deceased in his hands.
- Ex. Contest as to the will is being carried on in the court; There is an
appeal pending for the removal of the one appointed; The parties cannot The executor or administrator may:
- prosecute to final judgment suits commenced by such special
agree among themselves
administrator.
Purpose of Appointing a SA: To preserve the estate until it can pass to the hands
Notes:
of a person fully authorized and competent to administer it for the benefit of
those interested therein
When Does the Power of the SA Cease?
- After the questions causing the delay are resolved and letters are granted
Sec. 2. Powers and duties of special administrator.
to regular executor or administrator
Such special administrator shall:
- take possession and charge of goods, chattels, rights, credits, and estate Nature of Order Appointing a SA
- An order of such appointment is interlocutory in nature, a mere incident
of the deceased and (1)
to the judicial proceedings (Hence, not subject to an appeal)
- preserve the same for the executor or administrator afterwards
appointed, and (2)
23 | P a t i o , E r i c a
The court making the appointment retains control over it and make
modify, rescind or revoke the same on sufficient grounds at any time
before final judgment
Note: The administrator whose appointment is challenged by an appeal may also

be the same person appointed as SA pending such appeal
De Gala v. Gonzales: While a SA may commence and maintain suits, he
CANNOT be sued by a creditor for the patent of the debts of the deceased. Such
suit must AWAIT the appointment of a regular administrator.
[RULE 81]
BONDS OF EXECUTORS AND ADMINISTRATORS
Sec. 1. Bond to be given before issuance of letters; Amount; Conditions.
BEFORE:
- an executor or administrator enters upon the execution of his trust, and
- letters testamentary or of administration issue,
he shall give a bond, in such sum as the court directs, conditioned as follows:
(a) To make and return to the court, w/in 3 months, a true and complete
inventory
- of all goods, chattels, rights, credits, and estate of the deceased
- which shall come to his possession or knowledge or to the possession of
any other person for him;
(b) To administer according to these rules, and,
IF an executor, according to the will of the testator,:
- all goods, chattels, rights, credits, and estate which shall at any time
come
o to his possession or
24 | P a t i o , E r i c a
o to the possession of any other person for him, and

from the proceeds:
- to pay and discharge all debts, legacies, and charges on the same, or
such dividends thereon
- as shall be decreed by the court;
(c) To render a true and just account of his administration to the court:
- w/in 1 year, and
- at any other time when required by the court;
(d) To perform all orders of the court by him to be performed.
Notes:
Administrators Bond is a STATUTORY BOND: Conditions prescribed by
statute forms part of the bond agreement
Luzon Surety v. Quebrar: The terms and effectivity of bond does not depend on
the payment of the premium and does not expire until the administration is
closed. As long as the probate court retains jurisdiction over the estate, the bond
contemplates a continuing liability.
Sec. 4. Bond of special administrator.

A special administrator BEFORE entering upon the duties of his trust shall give
a bond:
- in such sum as the court directs,
conditioned that:
1. he will make and return a true inventory of the goods, chattels, rights,
credits, and estate of the deceased which come to his possession or
knowledge, and that
2. he will truly account for such as are received by him when required by
the court, and
3. will deliver the same:
o to the person appointed executor or administrator, or
o to such other person as may be authorized to receive them.
[RULE 82]
REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION, AND
REMOVAL OF EXECUTORS AND ADMINISTRATORS
Sec. 1. Administration revoked if will discovered; Proceedings thereupon.
Sec. 2. Bond of executor where directed in will. When further bond required.
IF the testator in his will directs that the executor serve:
- w/out bond OR with only his individual bond,
- he may be allowed by the court to give bond:
o in such sum and with such surety as the court approves
o conditioned only to pay the debts of the testator;
BUT the court may require of the executor a further bond in case:
- a change in his circumstances, or for other sufficient cause,
- with the conditions named in the last preceding section
Sec. 3. Bonds of joint executors and administrators.
IF AFTER:
- letters of administration have been granted on the estate of a decedent
as if he had died intestate,
- his will is proved and allowed by the court,
the letters of administration:
- shall be revoked and
- all powers thereunder cease, and
- the administrator shall:
o forthwith surrender the letters to the court, and
o render his account within such time as the court directs.
Proceedings for the issuance of letters testamentary or of administration under
the will shall be as hereinbefore provided.
When two or more persons are appointed executors or administrators, the court
may take:
Notes:
a separate bond from each, or a joint bond from all.
25 | P a t i o , E r i c a
Rule on Precedence of Probate of Will

the court may:
- The probate of the will is mandatory and therefore takes precedence over
- remove him, or,
intestate proceedings. Thus if in the course of the intestate proceedings it
- in its discretion, may permit him to resign.
is found out that the decedent had left a will, probate should replace the When an executor or administrator dies, resigns, or is removed:
intestate proceedings.
- the remaining executor or administrator may administer the trust
- Probate should replace even if an administrator is already appointed.
alone,
o Here, the court will discontinue or suspend the proceedings.
- UNLESS the court grants letters to someone to act with him.
After the will is probated, the intestate proceedings shall be
IF there is no remaining executor or administrator:
terminated.
- administration may be granted to any suitable person.
- This is however, understood to be w/o prejudice that the proceeding shall
continue as an intestacy
The Purpose of Administration: For the liquidation of the estate and the
distribution of the residue among the heirs.
- Liquidation: Determination of all the assets and payment of all the debts
Note: Generally, consolidation and joint hearing of the two cases would be
proper if they do not involve settlement of the estate of a decedent.
and expenses
- Hence, approval of the project of partition does not necessarily terminate
administration
Conversion of an Intestate into Testate Proceeding
- Conversion is entirely a matter of form and lies within the sound
discretion of the court.
Degree of Care Expected of Administrator
- In no manner does it prejudice the substantial rights of any of the heirs or
- Administrator, he occupies a position of the highest trust and confidence
creditors.
- He is required to exercise reasonable diligence and act in entire good
faith in the performance of that trust.
Duty of the Administration Upon Revocation of the Letters
Grounds for Removal of an Administrator: 5 items mentioned in the codal
(see numbering above)
1. Surrender the letters to the court
2. Render his account within such times as the court may direct
Grounds are NOT exclusive: The court is invested with ample discretion in the
Note: The mere discovery of the will does not ipso facto nullify the letters of removal of an administrator for as long as there is evidence of an act or omission
administration already issued or even authorize their revocation UNTIL the will on the part of the administrator not conformable to or in disregard of the rules or
the orders of the court which it deems sufficient or substantial to warrant the
has been proved and allowed.
removal of the administrator.
- There must be evidence to justify removal
Sec. 2. Court may remove or accept resignation of executor or administrator;
Examples:
Proceedings upon death, resignation, or removal.
- Disbursing funds of the estate w/o judicial approval
- False representation in securing appointment
IF an executor or administrator:
- When he holds an interest adverse to the estate or shows conduct of
- neglects:
unfitness to discharge the trust.
o (1) to render his account and settle the estate according to law, or
Note: Temporary absence from the state does not disqualify one to be an
o (2) to perform an order or judgment of the court, or
administrator of the estate.
o (3) a duty expressly provided by these rules, or
Note: An order of removal is APPEALABLE
- (4) absconds, or
- (5) becomes insane, or otherwise incapable or unsuitable to discharge the
Sec. 3. Acts before revocation, resignation, or removal to be valid.
trust,
26 | P a t i o , E r i c a
The lawful acts of an executor or administrator:

- before the revocation of his letters testamentary or of administration, or
- before his resignation or removal,
shall have the like validity as if there had been no such revocation, resignation,
or removal.
may be renewed in favor of such person without further notice or

hearing.
Note: Acts done in good faith prior to revocation of the letters of administrator
shall be protected.
Sec. 4. Powers of new executor or administrator. Renewal of license to sell real

estate.
[RULE 83]
The person to whom letters testamentary or of administration are granted:
INVENTORY AND APPRAISAL;
- after the revocation of former letters, or the death, resignation, or
PROVISION FOR SUPPORT OF FAMILY
removal of a former executor or administrator,
shall:
Sec. 1. Inventory and appraisal to be returned within three months.
- have the like powers to collect and settle the estate not administered that
the former executor/administrator had, and
W/in 3 months after his appointment every executor or administrator shall:
- may prosecute or defend actions commenced by or against the former
- return to the court a true inventory and appraisal of all the real and
executor/administrator, and
personal estate of the deceased which has come into his possession or
- have execution on judgments recovered in the name of such former
knowledge.
execution or administrator.
In the appraisement of such estate, the court may:
- order one or more of the inheritance tax appraisers to give his or their
An authority granted by the court to the former executor or administrator for
assistance.
the sale or mortgage of real estate:
The 3 Month Period is NOT Mandatory
27 | P a t i o , E r i c a
After the filing of the petition for the issuance of letters of administration
and the publication of the notice of hearing the probate court acquires The widow AND minor or incapacitated children of a deceased person:
jurisdiction and retains that jurisdiction UNTIL the proceeding is
- during the settlement of the estate,
closed.
- shall receive therefrom, under the direction of the court, such allowance
However, an administrators unexplained delay in filing the inventory
as are provided by law.
may be a ground for his removal
The Administrator is NOT Chargeable with the Administration of the Estate Allowance, defined: The monetary advances which are subject to collation and
Which Has Not Come to his Possession
are likewise deductible form their share in the estate of the decedent.
- He is however, accountable for the true and complete inventory of all the
property belonging to the state which has come to his knowledge
Allowances for Support Under this Section Should NOT be Limited to the
minor or incapacitated Children of the Deceased.
- Art 133 Family Code: During the liquidation of the conjugal partnership,
The Court which Acquires Jurisdiction Over the Property has Supervision
and Control over the said Properties
the deceaseds legitimate spouse and children, REGARDLESS of age,
civil status or gainful employment are entitled to provision support from
- It is its inherent duty to see to it that the inventory submitted by the
the funds of the estate
administrator contains all the properties, rights, credits which the law
- It is limited however to the legitimate spouses and children
requires the administrator to set out in his inventory.
grandchildren are not entitled to the same allowance.
The Court has the Power to Determine whether the Properties Belong prima
facie to the Intestate
Note: When the liabilities exceed the assets of the estate, his widow and children
- Approval of the inventory is not conclusive determination of what assets are NOT entitled to support pending the liquidation on the ground that such
support, having the character of an advance payment to be deducted from the
constituted the deceaseds estate and of the valuation thereof.
- Such determination is only provisional and a prima facie finding of the respective share of each heir.
issue of ownership.
Note: The sale of the estate is unnecessary when the cash in possession of the
- Property Claimed by a Third Person May be Included in the
administrator is sufficient for payment of the allowance of the heirs. The court
Inventory. The determination does not preclude the claimants from
may not order said sale especially when the heirs opposed it.
maintaining an ordinary civil action for the determination of title.
Sec. 2. Certain articles not to be inventoried.
[RULE 84]
The wearing apparel of the surviving husband or wife and minor
GENERAL POWERS AND DUTIES OF EXECUTORS AND
children,
ADMINISTRATORS
- the marriage bed and bedding, and such provisions and
- other articles as will necessarily be consumed in the subsistence of the
Sec. 1. Executor or administrator to have access to partnership books and
family of the deceased, under the direction of the court:
property; How right enforced.
shall not:
- be considered as assets,
The executor or administrator of the estate of a deceased partner shall at all
- nor administered as such, and
times have access to, and:
- shall not be included in the inventory.
- may examine and take copies of, books and papers relating to the
partnership business, and
Sec. 3. Allowance to widow and family.
28 | P a t i o , E r i c a
may examine and make invoices of the property belonging to such

partnership;
and the surviving partner or partners, on request:
- shall exhibit to him all such books, papers, and property in their hands or
control.
On the written application of such executor or administrator, the court having
jurisdiction of the estate:
- may order any such surviving partner or partners:
o to freely permit the exercise of the rights, and
o to exhibit the books, papers, and property, as in this section
provided, and
- may punish any partner failing to do so for contempt.
Sec. 2. Executor or administrator to keep buildings in repair.
An executor or administrator shall:
- maintain in tenantable repair the houses and other structures and fences
belonging to the estate, and
- deliver the same in such repair to the heirs or devisees
when directed so to do by the court.
4. To make improvements on the properties with the courts approval (court

approval is not necessary for necessary repairs)
5. To posses and manage the estate but ONLY when necessary:

a. For the payment of debts
b. For payment of expenses of administration
Restrictions on the Power of the Executor or Administrator
1. Cannot acquire by purchase even at public or judicial auction, either in
person or mediation of another, the property under administration
2. Cannot borrow money w/o authority of the court
3. Cannot speculate with funds under administration
4. Cannot lease the property for more than one year
5. Cannot continue the business of the deceased unless authorized by the
court
6. Cannot profit by the increase or decrease in the value of the property
under administration.
7. Cannot exercise the right of legal redemption over the portion of the
property owned in common sold by one of the other co-owners
Sec. 3. Executor or administrator to retain whole estate to pay debts, and to

administer estate not willed.
An executor or administrator shall have the right to the possession and
management:
- of the real as well as the personal estate of the deceased
- so long as it is necessary for the payment of the debts and the expenses
of administration.
Notes:
Powers of the Executor or Administrator:
1. Have access to and examine partnership books and property;
[RULE 85]
2. Examine and make invoices of the property belonging to such
ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND
partnership
ADMINISTRATORS
3. Maintain in tenantable repair the houses and other structures and fences
belonging to the estate and deliver the same to the heirs and devisees
Sec. 1. Executor or administrator chargeable with all estate and income.
when directed to do so by the court;
29 | P a t i o , E r i c a
EXCEPT as otherwise expressly provided in the following sections, every

executor or administrator is chargeable in his account:
IF the executor or administrator uses or occupies any part of the real estate
- with the whole of the estate of the deceased which has come into his
himself, he shall account for it as:
possession,
- may be agreed upon between him and the parties interested, or
o at the value of the appraisement contained in the inventory;
- adjusted by the court with their assent; and
- with all the interest, profit, and income of such estate; and
if the parties do not agree upon the sum to be allowed:
- the same may be ascertained by the court, whose determination in this
- with the proceeds of so much of the estate as is sold by him, at the price
at which it was sold.
respect shall be final.
GR: The executor or administrator is accountable for the whole estate of the
deceased
EXC: He is not accountable for properties which never came to his possession
EXC to EXC: When through untruthfulness to the trust or his own fault or for
lack of necessary action, the executor or administrator failed to recover part of
the state which came his knowledge
Sec. 2. Not to profit by increase or lose by decrease in value.
NO executor or administrator shall:
- profit by the increase, or
- suffer loss by the decrease or destruction, without his fault,
of any part of the estate.
He must account for:
- the excess when he sells any part of the estate for more than
appraisement, and
IF any is sold for less than the appraisement:
- he is not responsible for the loss, IF the sale has been justly made.
IF he settles any claim against the estate for less than its nominal value:
- he is entitled to charge in his account ONLY the amount he actually
paid on the settlement.
Note: The E or A shall not profit by the increase of the estate nor be liable for
any decrease which the estate w/o his fault, might have sustained.
Sec. 3. When not accountable for debts due estate.
NO executor or administrator shall be accountable for:
- debts due the deceased which remain uncollected without his fault.
Sec. 5. Accountable if he neglects or delays to raise or pay money.

When an executor or administrator:
- neglects or unreasonably delays to raise money, by collecting the debts or
selling the real or personal estate of the deceased, or
- neglects to pay over the money he has in his hands,
AND:
- the value of the estate is thereby lessened or
- unnecessary cost or interest accrues, or
- the persons interested suffer loss,
the same shall be deemed waste and:
- the damage sustained may be charged and allowed against him in his
account, and
- he shall be liable therefor on his bond.
Requisites for the Executor of Administrator to be Accountable
1. The Executor or Administrator
o Neglects or unreasonably delays to raise money, by collecting
the debts or selling the real or personal estate of the deceased
o Neglects to pay over the money he has in his hands AND
2. The value of the estate is lessened OR
3. Unnecessary cost or interest accrues OR
4. The person interested suffered loss
Note: He is not accountable if debt remains uncollected w/o his fault
Sec. 6. When allowed money paid as costs.
The amount paid by an executor or administrator for costs awarded against him:
- shall be allowed in his administration account,
Sec. 4. Accountable for income from realty used by him.
30 | P a t i o , E r i c a
UNLESS it appears that the action or proceeding in which the costs are
taxed was prosecuted or resisted without just cause, and not in good
faith.
he shall NOT charge against the estate any professional fees for legal
services rendered by him.
When the deceased by will makes some other provision for the compensation of
Sec. 7. What expenses and fees allowed executor or administrator. Not to
his executor:
charge for services as attorney. Compensation provided by will controls unless
- that provision shall be a FULL satisfaction for his services
renounced.
- UNLESS by a written instrument filed in the court he renounces all
claim to the compensation provided by the will.
An executor or administrator shall be allowed:
- the necessary expenses in the care, management, and settlement of the Expenses of Administration: Necessary for the management of the estate, for
estate, and
protecting it against destruction or deterioration and possibly, for the production
- for his services, 4 pesos per day for the time actually and necessarily
of fruits. There are expenses and its management for purposes of liquidation,
employed, or a
payment of debts and distribution of the residue among the persons entitle to
- commission upon the value of so much of the estate as comes into his thereto.
possession and is finally disposed of by him in the payment of debts,
expenses, legacies, or distributive shares, or by delivery to heirs or
Compensation if There is No Provision in the Will
devisees, of:
1. P4.00 a day for the time actually and necessarily employed OR
2% of the first 5K of such value
2. Commission
1% of so much of such value as E 5K pesos and does NE 30K
3. A greater sum may be allowed if:
of so much of such value as E 30K and does NE 100K and

a. The estate is large
%
b. The settlement has been attended with great difficulty
of so much of such value as E 100K

c. The settlement has required a high degree of capacity of the
%
executor or administrator.
Note: Grant of a greater sum (#3) rests on the sound discretion of the court
But in any special case, where:
- the estate is large, and
The Executor or Administrator is Allowed the Necessary Expenses in the
- the settlement has been attended with great difficulty, and has required a Care Management and Settlement of the Estate
high degree or capacity on the part of the executor or administrator,
Necessary Expenses:
a greater sum may be allowed.
- Such expenses as are entailed for the preservation and productivity of the
estate and for its management for purposes of liquidation, payment of
IF objection to the fees allowed be taken:
debts, and distribution of the residue among persons entitled
- the allowance may be re-examined on appeal.
Examples:
- Expenses to preserve the family home and to maintain the familys social
IF there are two or more executors or administrators, the compensation:
standing
- shall be apportioned among them by the court
- Expenses on the anniversary of the death of the deceased
- according to the services actually rendered by them respectively.
- Expenses incurred by a presumptive hair for her appearance to oppose
the probate of the will
- Expenses for the settlement of the estate
When the executor or administrator is an attorney:
- Expenses incurred by the E or A to procure a bond
- Expenses for court documents
31 | P a t i o , E r i c a
Administrator May NOT Recover Attorneys Fees from Estate

- GR: Within 1 year form the time of receiving letters of testamentary or
- His compensation is fixed by the rule but such compensation is in the
letters of administration
nature of the E or As commissions and never as attorneys fees
- EXC: When the court grants an extension - For presenting claims against or
Procedure for Collection of Attorneys Fees
paying debts of the estate or for disposing of the estate
1. Request the administrator to make payment and file an action against
o Here, the court may require such further accounts until the estate is
him in his personal capacity and not as administrator should fail to pay
wholly settled
2. Petition in the testate or intestate proceeding asking the court, after notice Note: The fact that the final accounts had been approved does not divest the
to all persons interested, to allow his claim and direct the administrator to court of jurisdiction to require supplemental accounting
pay it as an expense of administration
When an attorney renders services
The E or A is liable for the fees but he
Sec. 9. Examination on oath with respect to account.
to the E or A personally to aid in the move for reimbursement and charge such
execution of his trust
fees as expenses of administration
The court may examine the executor or administrator upon oath with respect
When the attorneys services were
The attorneys fees are chargeable to the
to:
rendered in a litigation involving
estate
- every matter relating to any account rendered by him, and
such E or A as trustee of the estate
- shall so examine him as to the correctness of his account before the same
is allowed,
- EXCEPT when:
Sec. 8. When executor or administrator to render account.
o no objection is made to the allowance of the account AND
o its correctness is satisfactorily established by competent proof.
Every executor or administrator shall render an account of his administration:
The heirs, legatees, distributees, and creditors of the estate shall:
- w/in 1 year FROM the time of receiving letters testamentary or of
- have the same privilege as the executor or administrator of being
administration,
examined on oath of any matter relating to an administration.
- UNLESS the court otherwise directs because of extensions of time for
presenting claims against, or paying the debts of, the estate, or for
Sec. 10. Account to be settled on notice.
disposing of the estate; and
o he shall render such further accounts as the court may require BEFORE the account of an executor or administrator is allowed notice shall be
UNTIL the estate is wholly settled.
given:
o TO persons interested
The Rendering of an Accounting by an Administration of his Administration
o OF the time and place of examining and allowing the same; and
Within 1 Year From his Appointment is MANDATORY
- such notice may be given:
- The fact that all the heirs of the estate have entered into an EX-J
o personally to such persons interested or by advertisement in a
settlement and partition cannot be interpreted to mean a waiver of their
newspaper or newspapers, or both,
objections to the accounts submitted by the administrator
as
the
court
directs.
- The duty to render an account is not a mere incident of an administration
proceeding which can be waived or disregarded when the same is
Sec. 11. Surety on bond may be party to accounting.
terminated It is a duty that has to be performed and duly acted upon by
the court before the administration is finally ordered closed or
UPON the settlement of the account of an executor or administrator, a person
terminated.
liable as surety in respect to such account:
may, upon application, be admitted as party to such accounting.
Period to Render Accounting
32 | P a t i o , E r i c a
[RULE 86]
CLAIMS AGAINST ESTATE
Sec. 2. Time within which claims shall be filed.
Sec. 1. Notice to creditors to be issued by court.
In the notice provided in the preceding section, the court shall:

- state the time for the filing of claims against the estate,
Immediately AFTER granting letters testamentary or of administration, the court
o which shall not be more than 12 nor less than 6 months AFTER
shall issue a notice requiring:
the date of the 1ST publication of the notice.
- all persons having money claims against the decedent
- TO file them in the office of the clerk of said court.
However, at any time before an order of distribution is entered, on application
of a creditor who has failed to file his claim within the time previously limited,
Notes:
the court may:
- for cause shown and on such terms as are equitable
Claim, defined: Any debt or pecuniary demand against the decedents estate
- allow such claim to be filed w/in a time NE 1 month.
The death of the decedent creates an equitable lien over his estate in favor of Notes:
the creditors. Such lien continues until it is extinguished through payment,
prescription or other modes recognized by law.
Statute of Non-Claims: The rule requires certain creditors of a deceased person
to present their claims for examination and allowance w/in a specified period.
Purpose: For the speedy settlement of the affairs of the deceased. It is also for
- Purpose: To settle the estate with dispatch so that the residue may be
the purpose of protecting the estate wherein each claim may be determined
delivered to the persons entitled w/o their being afterwards called upon to
properly by the E or A.
respond in actions for claims, which under the ordinary statute of limitations,
have not yet prescribed.
Claim must be filed in the probate court thus, a compromise in a separate
- The period fixed = statute of non claims
civil case which is an action for collection against an estate is null and void.
GR: The probate court is allowed to fix the period from 6 mos to 12 mos from
the day of the first publication of the notice.
- Such period once fixed is mandatory
- Purpose of the period: speedy settlement of the claims and early
delivery of the property to those persons interested.
EXC: Discretion to allow contingent claims (EXTENSION):Rule 86 Sec 2
Claims for taxes (inheritance and estate) due and assessed after the death of gives the probate court discretion to allow claims presented beyond the period
the decedent:
previously fixed upon such cause or terms as are equitable provided that they are
- Need not be presented in the form of a claim. The court in the exercise of his filed:
administrative control over the E or A may direct the latter to pay such taxes
- w/in 1 month from the expiration of such period
- The heirs even after distribution are liable for such taxes
- but in no case beyond the date of entry of the order of distribution.
Ex. Of a Good Excuse for Late Filing: Pendency of an action before regular
courts
GR: Claims arising AFTER the death cannot be presented
EXC:
1. Funeral Expenses
2. Expenses of the last sickness of the decedent
Statute of Non-Claims SUPERSEDES the Statute of Limitations
33 | P a t i o , E r i c a
For as long as the claim is not filed within the time fixed by the court it will
- OTHERWISE they are barred forever,
be forever barred.
- EXCEPT that they may be set forth as counterclaims in any action that
- Both statutes must concur for the creditor to be able to collect,
the executor or administrator may bring against the claimants.
GR: Claims which must be filed under the notice. If not filed - BARRED
Where an executor or administrator commences or prosecutes an action already
EXC: However, a creditor barred by the Statute or Non-claims may file a claim commenced by the deceased in his lifetime, the debtor may:
as a counterclaim in any suit that the E or A may bring against such creditor.
- set forth by answer the claims he has against the decedent, INSTEAD OF
presenting them independently to the court as herein provided, and
Sec. 3. Publication of notice to creditors.
- mutual claims may be set off against each other in such action; and
IF final judgment is rendered in favor of the defendant, the amount so
Every executor or administrator shall immediately after the notice to creditors is determined:
issued cause the same:
- shall be considered the true balance against the estate,
- to be published 3 weeks successively in a newspaper of general
- as though the claim had been presented directly before the court in the
circulation in the province, and
administration proceedings.
- to be posted for the same period in
Claims not yet due or contingent:
o 4 public places in the province and in
- may be approved at their present value.
o 2 public places in the municipality where the decedent last
Notes:
resided.
Purpose of Publication: Constructive notice to all. A claim filed beyond the
Olave v. Carlos : Claims referred to under this section refer to claims for the
period fixed shall be barred and lack of knowledge is not a defense
recovery of money and which are not secured by a lien against the property of the
estate
Sec. 4. Filing copy of printed notice.
W/in 10 days after the notice has been published and posted in accordance with Claims Which Must be Filed With the Probate Court:
the preceding section, the executor or administrator shall file or cause to be (List EXCLUSIVE)
1. All claims for money (money, debt or interest) against decedent arising from
filed in the court:
contract;
- a printed copy of the notice accompanied
- Includes ONLY those contracted by the decedent before his death
- with an affidavit setting forth - the dates of the first and last publication
- The contract may be express of implied
thereof and the name of the newspaper in which the same is printed.
- The debt may be due or not due or contingent
2.
Claims for funeral expenses and
Sec. 5. Claims which must be filed under the notice. If not filed, barred;
3.
Claims for the last illness;
exceptions.
4. Judgment for money
- The judgment must be presented as a claim against the estate, where the
- All claims for money against the decedent,
judgment debtor dies before levy on execution of his properties.
o arising from contract, express/implied
o whether the same be due, not due, or contingent,
Absolute Claim, defined: It is such a claim as, if contested between living
- all claims for funeral expenses and expenses for the last sickness of persons, would be proper subject of immediate legal action and would supply a
the decedent, and
basis of a judgment for a sum certain.
- judgment for money against the decedent
must be filed:
Contingent Claim defined: It is a conditional claim or claim that is subject to
- w/in the time limited in the notice;
the happening of a future uncertain event. It is one by which, by its nature is
34 | P a t i o , E r i c a
necessarily dependent upon an uncertain event for its existence and claim, and its
validity and enforceability depending upon an uncertain event.
Note: a deficiency judgment is a contingent claim
Note: Claims not yet due or contingent may be approved at their present value.
Sec. 7. Mortgage debt due from estate.
A claim that is extinguished by death should be distinguished from an action A creditor holding a claim against the deceased secured by mortgage or other
which does not survive. A claim is extinguished by reason of death if the action collateral security:
is personal to either parties such as in cases of legal separation, annulment or
- may abandon the security and prosecute his claim in the manner
declaration of nullity. The claim is not extinguished if there is already a final
provided in this rule, and share in the general distribution of the assets
decree.
of the estate; or
he may foreclose his mortgage or realize upon his security:
Suits Against Deceased Spouse NOT Allowed: A creditor cannot sue the
o by action in court, making the executor or administrator a party
surviving spouse of a decedent in an ordinary proceeding for the collection of
defendant, and
sum of money chargeable against the conjugal partnership. The proper remedy
o
IF there is a judgment for a deficiency, AFTER the sale of the
for him is to file a claim in the settlement of the estate of the deceased.
mortgaged premises, or the property pledged, in the foreclosure
or other proceeding to realize upon the security, he may claim his
Claim for Support Should not be Granted: The claim must await until all
deficiency judgment in the manner provided in the preceding
claims against the estate have been settled.
section; or
- he may rely upon his mortgage of other security alone, and foreclose
Execution of Final Judgment Not Proper Remedy But Filing of Claim: Even
the same:
if the judgment in a civil case may have been final and executor, the claim must
o at any time within the period of the statute of limitations, and
still be filed before the probate court so that the said court may order the
o in that event: he shall not be admitted as a creditor AND shall
administrator to pay the amount
receive no share in the distribution of the other assets of the
- Mandamus is also not available
estate;
- Ordinary action for Collection is NOT allowed
but nothing herein contained shall prohibit the executor or administrator from
redeeming the property mortgaged or pledged:
Sec. 6. Solidary obligation of decedent.
- BY paying the debt for which it is held as security, under the direction of
the court,
Where the obligation of the decedent is solidary with another debtor, the claim
IF the court shall adjudge it to be for the best interest of the estate that
shall be filed:
such redemption shall be made.
- against the decedent as if he were the only debtor
Three Distinct, Alternative Remedies Available to a Mortgage Creditor Upon
- without prejudice to the right of the estate to recover contribution form the Death of the Mortgagor: (Mutually Exclusive)
the other debtor.
1. To waive the security mortgage and claim the entire debt from the estate as
In a joint obligation of the decedent:
an ordinary claim. By filing money claim against the estate, he is deemed to
- the claim shall be confined to the portion belonging to him.
have abandoned the mortgage and thereafter he cannot file a foreclosure suit
if he fails to recover his money claim against the estate
Joint Obligation of decedent: The claim must be confined to the portion
2. To foreclose the mortgage judicially and prove any deficiency as an ordinary
belonging to the decedent.
claim. The foreclosure suit should be against the executor or administrator as
party defendant. In the event that a creditor fails to fully recover his claim, he
35 | P a t i o , E r i c a
may obtain deficiency judgment and file it as a claim against the estate in the
- but a copy thereof with all indorsements shall be attached to the claim
manner provided by this Rule.
and filed therewith.
3. To rely solely upon the mortgage and foreclosure the same at any time before On demand, however, of the executor or administrator, or by order of the
it is barred by prescription w/o right to claim for any deficiency. This modecourt or judge:
includes EX-J foreclosure of sale and its exercise precludes one from
- the original shall be exhibited,
recovery any balance of indebtedness against the estate and frees the estate
- UNLESS it be lost or destroyed, in which case - the claimant must
from further liability
accompany his claim with affidavit or affidavits containing a copy or
Note: The mortgagee does not lose its right to EX-J foreclose the mortgage even
particular description of the instrument and stating its loss or destruction.
after the death of the mortgagor.
When the claim is due, it must be supported by affidavit stating:
- the amount justly due,
No Right to Claim Deficiency Judgment Under the Third Option: The credit
- that no payments have been made thereon which are not credited, and
having chosen the remedy of EX-J foreclosure of the mortgaged property of the
- that there are no offsets to the same, to the knowledge of the affiant.
deceased is precluded from pursuing its deficiency claim against the estate of the If the claim is not due, or is contingent, when filed, it must ALSO be supported
deceased.
by affidavit stating the particulars thereof.
Sec. 8. Claim of executor or administrator against an estate.
When the affidavit is made by a person other than the claimant, he must set
forth therein:
- the reason why it is not made by the claimant.
IF the executor or administrator has a claim against the estate he represents:

- he shall give notice thereof, in writing, to the court, and
the court shall appoint a special administrator, WHO shall, in the adjustment The claim once filed:
of such claim:
- shall be attached to the record of the case in which the letters
- have the same power and be subject to the same liability as the general
testamentary or of administration were issued,
administrator or executor in the settlement of other claims.
- although the court, in its discretion, and as a matter of convenience, may
The court may order:
order all the claims to be collected in a separate folder.
- the executor or administrator to pay to the special administrator
necessary funds to defend such claim.
Notes:
Note: This is one of the instances when a SA is appointed. The SA shall have
authority to act ONLY with respect to the claim of the regular administrator or
the executor.
Sec. 9. How to file a claim. Contents thereof; Notice to executor or
administrator.
How to File a Claim:

1. Deliver the claim with the necessary vouchers to the clerk or court;
2. Serve a copy thereof on the executor or administrator;
3. If the claim is due, it must be supported by affidavit stating the amount due
and the fact that there has been no offsets;
4. If the claim is not due or contingent, it must be accompanied by affidavit
stating the particulars thereof.
A claim may be filed:

- BY delivering the same with the necessary vouchers to the clerk of court Purpose of the Need to Notify the Administrator: In order to afford the
AND
administrator every opportunity to dispute the claim. It is part of due process.
- BY serving a copy thereof on the executor or administrator.
IF the claim be founded on a bond, bill, note or any other instrument:
How to File a Claim for Attorneys Fees: (See notes on page 31)
- the original need not be filed,
36 | P a t i o , E r i c a
BUT the court, in its discretion, BEFORE approving the claim, may
order that known heirs, legatees, or devisees be notified and heard.
IF upon hearing, an heir, legatee, or devisee opposes the claim, the court may, in
its discretion:
- allow him 15 days to file an answer to the claim in the manner prescribed
in the preceding section.
Sec. 10. Answer of executor or administrator; Offsets.
Sec. 12. Trial of contested claim.
UPON the filing of an answer to a claim, or UPON the expiration of the time for
W/in 15 days AFTER service of a copy of the claim on the executor or
such filing, the clerk of court:
administrator, he shall file his answer:
- shall set the claim for trial with notice to both parties.
- admitting or denying the claim specifically, and
The court may refer the claim to a commissioner.
- setting forth the substance of the matters which are relied upon to support
the admission or denial.
Sec. 13. Judgment appealable.
If he has no knowledge sufficient to enable him to admit or deny specifically:
- he shall state such want of knowledge.
The judgment of the court approving or disapproving a claim:
The executor or administrator in his answer shall allege in offset:
- shall be filed with the record of the administration proceedings with
- any claim which the decedent before death has against the claimant, and
notice to both parties, and
- his failure to do so shall bar the claim forever.
- is appealable as in ordinary cases.
A copy of the answer shall be served by the executor or administrator on the
A judgment against the executor or administrator:
claimant.
- shall be that he pay, in due course of administration, the amount
The court in its discretion may:
ascertained to be due, and
- extend the time for filing such answer.
- it shall not:
o create any lien upon the property of the estate, or
Notes:
o give to the judgment creditor any priority of payment.
GR: A probate court has no jurisdiction to entertain a claim in favor of the estate
Mode of Appeal: Record of appeal which must be filed 30 days from notice of
against a 3rd person as the same must be the subject of an ordinary action
EXC: Sec 10 authorizes the E or A to interpose any counterclaim to offset of a judgment
claim against the estate. Said counterclaim is regarded as a compulsory
Sec. 14. Costs.
counterclaim as the failure to file the same shall bar the claim forever.
When:
- the executor or administrator, in his answer, admits and offers to pay
Sec. 11. Disposition of admitted claim.
part of a claim, AND
the claimant refuses to accept the amount offered in satisfaction of his
Any claim admitted entirely by the executor or administrator:
claim,
- shall immediately be submitted by the clerk to the court WHO may
IF he fails to obtain a more favorable judgment:
approve the same without hearing;
37 | P a t i o , E r i c a
Note: When the demand is in favor of the administrator and the party against
he cannot recover costs,
BUT must pay to the executor or administrator costs from the time of the whom it is enforced is a third party the demand cannot be by mere motion by
the administrator, but an independent action against the 3 rd person.
offer.
Where:
an action commenced against the deceased for money has been

discontinued AND
- the claim embraced therein presented as in this rule provided,
the prevailing party shall:
- be allowed the costs of his action UP TO the time of its discontinuance.
In Action for Damages Caused by Tortuous Acts: There are 2 options:

1. File directly brought against the E or A
2. In the absence of an estate proceeding the heirs may be required to take the
place of the deceased.
Sec. 2. Executor or administrator may bring or defend actions which survive.

[RULE 87]
ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS
For the recovery or protection of the property or rights of the deceased, an
Sec. 1. Actions which may and which may not be brought against executor or executor or administrator may:
administrator.
- bring or defend, in the right of the deceased, actions for causes which
survive.
NO action upon a claim for the recovery of money or debt or interest thereon:
Note: the rule recognizes the right of an E or A to sue upon any cause of action
- shall be commenced against the executor or administrator;
which accrued to the decedent during his lifetime.
BUT ACTIONS:
1. To recover real or personal property, or an interest therein, from the
GR: All causes of action which survive, affecting the property rights of the
estate, or
deceased may be commenced and prosecuted by or against the E or A of the
2. To enforce a lien thereon, and
3. To recover damages for an injury to person or property, real or personal, deceased.
EXC: money claims specified in Sec 5 Rule 86 which shall be presented in the
(tortuous acts)
estate or intestate proceedings. (p 33)
may be commenced against him.
Notes:
Actions 1-3 are those that survive the death of the decedent. They may be
commenced directly against the E or A.
Rule on Claims for Recovery of Money or Debt or Interest Thereon
- GR: No action upon a claim for recovery of money or debt p rinterest
thereon shall be commenced against the E or A it MUST be filed in the
proceeding for the settlement of the decedents estate.
- EXC: An action for revival of money judgment may be filed against the
administrator to preempt prescription of judgment. (Romualdez v. Tiglao,
1981)
Scope of Injury to Property: Not limited to injuries to specific property, but

extends to other wrongs by which personal estate is injured or diminished.
Scope of the Right of the Administrator to Institute such Actions: He only has
the right which pertains to the estate he is administering no action dealing with
obligations contracted in favor of 3rd persons can be brought by him
Note: When a mortgagor dies during the pendency of his appeal, the action for
foreclosure was not extinguished because the claim against him is not a pure
money claim but an action to enforce a mortgage lien
Sec. 3. Heir may not sue until have share assigned.
When an executor or administrator is appointed and assumes the trust: NO action
to recover the title or possession of lands or for damages done to such lands
shall be maintained against him by an heir or devisee
38 | P a t i o , E r i c a
UNTIL there is an order of the court assigning such lands to such heir or IF an executor or administrator, heir, legatee, creditor, or other individual
interested in the estate of the deceased, complains to the court having
devisee OR
jurisdiction of the estate:
- UNTIL the time allowed for paying debts has expired.
- that a person is suspected of having concealed, embezzled, or conveyed
Previous Declaration of Heirship is NOT Necessary: The rights to the
away any of the money, goods, or chattels of the deceased, or
succession are transmitted from the moment of the death of the decedent.
- that such person has in his possession or has knowledge of any deed,
- Heir may bring a reinvindicatory action before declaration of heirship.
conveyance, bond, contract, or other writing which contains evidence of
- HOWEVER, the heir may not sue when an E or A is appointed Until
or tends to disclose:
his share is assigned.
o the right, title, interest, or claim of the deceased to real or
Scope of Prohibition
personal estate, or
- The prohibition applies ONLY to heir or devisees
o the last will and testament of the deceased,
- Not to a donee inter vivos who may compel the E or A to deliver he
the court:
property donated
- may cite such suspected person to appear before it and
GR: Upon the commencement of the testate or intestate proceedings, the heirs
- may examine him on oath on the matter of such complaint; and
have no standing in court actions for recovery or protection of the property rights
IF the person so cited refuses:
of the deceased
- to appear, or
EXCEPTIONS:
- to answer on such examination or such interrogatories as are put to him,
1. When the E or A is unwilling to bring suit
the
court:
2. When the E or A is made a party defendant where he is alleged to have
- may punish him for contempt, and
participated in the act complained of.
- may commit him to prison UNTIL he submits to the order of the court.
3. When there is no appointed E or A
Sec. 4. Executor or administrator may compound with debtor.

With the approval of the court, an executor or administrator:
- may compound with the debtor of the deceased for a debt due, and
- may give a discharge of such debt on receiving a just dividend of the
estate of the debtor.
Sec. 5. Mortgage due estate may be foreclosed.
A mortgage belonging to the estate of a deceased person, as mortgagee or
assignee of the right of a mortgagee:
- may be foreclosed by the executor or administrator.
Note: There is no need for a special authority from he court for the E or A to
bring an action for foreclosure on behalf of the estate.
Sec. 6. Proceedings when property concealed, embezzled, or fraudulently
conveyed.
The interrogatories put to any such person, AND his answers thereto:
- shall be in writing and
- shall be filed in the clerk's office.
Notes:
Purpose of the Rule: To elicit information or to secure evidence form those
persons suspected as having possessed or having knowledge of properties
belonging to deceased, or of having concealed, embezzled or conveyed away any
properties of the deceased.
GR: The probate court has no authority to decide whether or not the properties
belong to the estate or to the person being examined since probate courts are
courts of limited jurisdiction.
EXC:
1. Provisional determination of ownership for inclusion in the intervenory
or
39 | P a t i o , E r i c a
2. When the parties are all heirs and they voluntarily submitted the issue to The Double Value Rule Does Not Apply: Does not apply to the manager of a
the probate court and the determination of which will not prejudice the company who carries on the business after the death of his principal and applied
rights of 3rd person. (Bernardo v. CA, 1990)
the proceeds of sale to the payment of debts contracted in running the business.
Note: Such proceedings are intended merely to investigate and take testimony for The Rule Contemplates: An embezzlement or alienation which causes the estate
use in an independent action since the court in such proceedings lacks power to to lose the property converted by the wrongdoer.
adjudicate title.
Sec. 7. Person entrusted with estate compelled to render account.

Sec. 9. Property fraudulently conveyed by deceased may be recovered; When
The court, on complaint of an executor or administrator, may cite a person
executor or administrator must bring action.
entrusted by an executor or administrator with any part of the estate of the
deceased:
When:
- to appear before it, and
- there is deficiency of assets in the hands of an executor or administrator
- may require such person to render a full account, on oath:
for the payment of debts and expenses of administration, AND
o of the money, goods, chattels, bonds, accounts, or other papers
- the deceased in his lifetime had conveyed real or personal property, or
belonging to such estate as came to his possession in trust for
a right or interest therein, or a debt or credit:
such executor or administrator, and
o with intent to defraud his creditors or to avoid any right, debt, or
o of his proceedings thereon; and
duty; OR
IF the person so cited refuses to appear to render such account, the court may:
o that by law the conveyance would be void as against his
- punish him for contempt as having disobeyed a lawful order of the court.
creditors, and the subject of the attempted conveyance would be
liable to attachment by any of them in his lifetime,
Note: All persons who come into possession of a property belonging to any
the executor or administrator:
decedent are liable therefor and accountable to the lawful administrator when the
- may commence and prosecute to final judgment an action for the
estate is finally drawn into judicial administration
recovery of such property, right, interest, debt, or credit for the benefit of
the creditors;
Sec. 8. Embezzlement before letters issued.
- BUT he shall not be bound to commence the action:
o UNLESS on application of the creditors of the deceased, nor
IF a person, BEFORE the granting of letters testamentary or of administration
o UNLESS the creditors making the application pay such part of
on the estate of the deceased, embezzles or alienates any of the money, goods,
the costs and expenses, OR give security therefor to the executor
chattels, or effects of such deceased:
or administrator, as the court deems equitable.
- such person shall be liable to an action in favor of the executor or
administrator of the estate
- FOR double the value of the property sold, embezzled, or alienated, to
be recovered for the benefit of such estate.
40 | P a t i o , E r i c a
the action which a creditor may bring shall be in the name of ALL the
creditors, and
permission of the court and filing of bond as above prescribed, are NOT
necessary.
Notes:
Requisites For a Creditor To File an Action:
1. there is a DEFICIENCY of assets in the hands of an executor or
administrator for the payment of debts and expenses of administration;
2. the deceased in his lifetime had made or attempted to make a
FRAUDULENT CONVEYANCE of his property or had so conveyed such
property that by law the conveyance would be void as against his creditors;
3. the subject of the attempted conveyance would be liable to ATTACHMENT
in his lifetime;
4. the executor or administrator has shown NO DESIRE TO FILE action the
Sec. 10. When creditor may bring action; Lien for costs.
action or failed to institute the same within a reasonable time;
5.
LEAVE is granted by the court to the creditor to file the action;
When:
6.
a BOND is filed by the creditor;
- there is such a deficiency of assets, AND
7.
the action by the creditor is in the NAME of the executor or administrator.
- the deceased in his lifetime had made or attempted such a conveyance, as
is stated in the last preceding section, AND
the executor or administrator has not commenced the action therein
provided for,
any creditor of the estate may, with the permission of the court:
- commence and prosecute to final judgment, in the name of the
executor or administrator, a like action for the recovery of the subject
of the conveyance or attempted conveyance for the benefit of the
creditors.
BUT the action shall not be commenced UNTIL the creditors has filed in a court
a bond executed to the executor or administrator
- in an amount approved by the judge,
- conditioned to indemnify the executor or administrator against the costs
and expenses incurred by reason of such action.
Such creditor shall have a lien:
- upon any judgment recovered by him in the action for such costs and
other expenses incurred therein as the court deems equitable.
Note: However, the last three requisites are unnecessary where the grantee is the
executor or administrator himself, in which event the action should be in the
name of all creditors.
An Administratrix Creditor Cannot Ask For Preliminary Attachment: He is
also included in the prohibition.
Where the conveyance or attempted conveyance has been made by the deceased
in his lifetime in favor of the executor or administrator:
41 | P a t i o , E r i c a
IF the testator:
- makes provision by his will, or
- designates the estate to be appropriated for the payment of debts, the
expenses of administration, or the family expenses,
they shall be paid:
- according to the provisions of the will;
BUT IF the provisions made by the will or the estate appropriated, is not
sufficient for that purpose:
- such part of the estate of the testator, real or personal, as is not disposed
of by will, if any, shall be appropriated for that purpose.
Note: Although the testator has acknowledged a specific debt in his will, the
creditor is not relieved from the duty of filing his claim in the settlement
proceedings otherwise his claim will be barred.
[RULE 88]
PAYMENT OF THE DEBTS OF THE ESTATE
Sec. 3. Personalty first chargeable for debts, then realty.
The personal estate of the deceased not disposed of by will:

- shall be first chargeable with the payment of debts and expenses; and
IF:
IF:
- said personal estate is not sufficient for that purpose, OR
- AFTER hearing ALL the money claims against the estate, and
- its sale would redound to the detriment of the participants of the estate,
- AFTER ascertaining the amount of such claims,
the whole of the real estate not disposed of by will, OR so much thereof as is
it appears that there are sufficient assets to pay debts:
necessary:
- the executor or administrator shall pay the same within the time limited
- may be sold, mortgaged, or otherwise encumbered for that purpose by
for that purpose.
the executor or administrator,
- AFTER obtaining the authority of the court therefor.
Notes:
Any deficiency shall be met:
- by contributions in accordance with the provisions of section 6 of this
Improper Procedure: A writ of exection is not the proper procedure to satisfy
rule.
debts because:
1. Payment approving a claim does not create a lien upon a property of the
2 Instances When Real Estate of the Decedent is Chargeable for Debts and
estate;
Expenses.
2. Special procedure is for the court to order the sale to satisfy the claim.
1. When the personal estate of the decedent is not sufficient for that purpose;
2. Where the sale of such personality would be to the detriment of the
Proper Procedure: For the court to order the sale of personal estate or the sale or
participants of the estate.
mortgage of real property of the deceased and all debts and expenses of the
Order of Payment of Debts:
administration should be paid out of the proceeds of such sale or mortgage.
a. From portion of property designated in the will;
b. From personal property not disposed of by will;
Sec. 2. Part of estate from which debt paid when provision made by will.
c. From real property not disposed of by will.
Sec. 1. Debts paid in full if estate sufficient.
42 | P a t i o , E r i c a
Sec. 4. Estate to be retained to meet contingent claims.
o the creditor may maintain an action against the distributees to recover

o
the debt, AND

such distributees and their estates shall be liable for the debt in
proportion to the estate they have respectively received from the property
of the deceased.
IF the court is satisfied that a contingent claim duly filed is valid, it may order
the executor or administrator to retain in his hands:
- sufficient estate to pay such contingent claim when the same becomes
absolute, or,
Note: The residue funds within the estate although already in the possession of
- if the estate is insolvent, sufficient to pay a portion equal to the dividend the heirs are funds of the estate
of the other creditors.
Jaucian v. Querol: If the contingent claim matures after the expiration of the two
Requisites:
years, the creditors may sue the distributes, who are liable in proportion to the
1. Contingent claim is duly filed;
shares in the estate respectively received by them.
2. Court is satisfied that the claim is valid; and
De Bautista v. De Guzman, 1983: It has been ruled that the only instance
3. The claim has become absolute
wherein a creditor can file an action against a distributee of the debtors assets is
under 5, Rule 88 of the Rules of Court. The contingent claims must first have
been established and allowed in the probate court before the creditors can file an
Sec. 5. How contingent claim becoming absolute in two years allowed and
action directly against the distributes.
paid; Action against distributees later.
Sec. 6. Court to fix contributive shares where devisees, legatees, or heirs have
been in possession.
IF such contingent claim:
- becomes absolute and
Where devisees, legatees, or heirs:
- is presented to the court, or to the executor or administrator, w/in 2 years
- have entered into possession of portions of the estate BEFORE the
FROM the time limited for other creditors to present their claims,
debts and expenses have been settled and paid, and
it may:
have become liable to contribute for the payment of such debts and
- be allowed by the court IF not disputed by the executor or administrator,
expenses,
and,
- IF disputed, it may be proved and allowed or disallowed by the court as the the court having jurisdiction of the estate may, BY order for that purpose,
AFTER hearing:
facts may warrant.
- settle the amount of their several liabilities, and
- order how much and in what manner each person shall contribute, and
IF the contingent claim is allowed:
- may issue execution as circumstances require.
- the creditor shall receive payment to the same extent as the other creditors IF
the estate retained by the executor or administrator is sufficient.
But IF the claim is not so presented, after having become absolute, w/in said 2 Liability of heir and Distributees
- GR: Heirs are not required to respond with their own property for the debts
years, and allowed:
of their deceased ancestors
- the assets retained in the hands of the executor or administrator, not
exhausted in the payment of claims, shall be distributed by the order of the - EXC: Even after partition of an estate they are liable individually for the
payment of all lawful outstanding claims against the estate in proportion to
court to the persons entitled to the same;
the amount or value of the property they have respectively received from the
- BUT:
estate
o the assets so distributed may still be applied to the payment of the
Ratio:
The hereditary property consists only of that part which remains after the
claim when established, AND
settlement of all lawful claims against the estate
43 | P a t i o , E r i c a
Sec. 7. Order of payment if estate insolvent.
add the same to the list of claims proved against the deceased person in
the RP so that a just distribution of the whole estate may be made equally
IF the assets which can be appropriated for the payment of debts are not
among all its creditors according to their respective claims;
sufficient for that purpose, the executor or administrator:
but the benefit of this and the preceding sections shall NOT be extended to the
- shall pay the debts against the estate, observing the provisions of Articles creditors in another country: (principle of reciprocity)
1059 and 2239 to 2251 of the Civil Code.
- IF the property of such deceased person there found is not equally
apportioned to the creditors residing in the RP and the other creditors,
according to their respective claims.
Sec. 8. Dividends to be paid in proportion to claims.
Sec. 11. Order for payment of debts.
IF there are no assets sufficient to pay the credits of any one class of creditors
AFTER paying the credits entitled to preference over it:
BEFORE the expiration of the time limited for the payment of the debts, the
- each creditor within such class shall be paid a dividend in proportion to court shall:
- order the payment thereof, and
his claim.
No creditor of any one class shall receive any payment:
- the distribution of the assets received by the executor or administrator for
- UNTIL those of the preceding class are paid.
that purpose among the creditors, as the circumstances of the estate
require and in accordance with the provisions of this rule.
Sec. 9. Estate of insolvent nonresident, how disposed of.
Sec. 12. Orders relating to payment of debts where appeal is taken.
In case administration is taken in the RP of the estate of a person:
- WHO was at the time of his death an inhabitant of another country, AND IF an appeal has been taken from a decision of the court concerning a claim, the
court:
- WHO died insolvent,
- may suspend the order for the payment of the debts OR
his estate found in the RP shall, as far as practicable, be so disposed of:
- that his creditors here and elsewhere may receive each an equal share, in
- may order the distribution among the creditors whose claims are
proportion to their respective credits.
definitely allowed,
leaving in the hands of the executor or administrator sufficient assets to pay the
Sec. 10. When and how claim proved outside the Philippines against insolvent claim disputed and appealed.
resident's estate paid.
When a disputed claim is finally settled, the court having jurisdiction of the
IF it appears to the court having jurisdiction:
estate shall:
- that claims have been duly proven in another country AGAINST the
- order the same to be paid out of the assets retained to the same extent and
estate of an insolvent WHO was at the time of his death an inhabitant of
in the same proportion with the claims of other creditors.
the RP, and
- that the executor or administrator in the RP had knowledge of: the
Sec. 13. When subsequent distribution of assets ordered.
presentation of such claims in such country AND an opportunity to
contest their allowance,
IF:
the court shall:
1. the whole of the debts are not paid on the first distribution, AND IF:
- receive a certified list of such claims, when perfected in such country,
2. the whole assets are not distributed OR other assets afterwards come to
AND
the hands of the executor or administrator,
44 | P a t i o , E r i c a
the court may from time to time make further orders for the distribution of When:
assets.
- an executor or administrator dies, AND a
- new administrator of the same estate is appointed,
Sec. 14. Creditors to be paid in accordance with terms of order.
the court may extend the time allowed for the payment of the debts or legacies
beyond the time allowed to the original executor or administrator:
When an order is made for the distribution of assets among the creditors, the
- NE 6 months at a time and
executor or administrator shall, as soon as the time of payment arrives:
- NE 6 months beyond the time which the court might have allowed to
- pay the creditors the amounts of their claims OR the dividend thereon,
such original executor or administrator; and
- in accordance with the terms of such order.
notice shall be given of the time and place for hearing such application, as
required in the last preceding section.
Note: The speedy settlement of the estate is the spirit of the probate law.
Sec. 15. Time for paying debts and legacies fixed, or extended after notice,
within what periods.
On granting letters testamentary or administration the court shall:
- allow to the executor or administrator a time for:
o disposing of the estate and paying the debts and legacies of the
deceased,
o which shall not, in the first instance, exceed 1 year;
but the court may:
- on application of the executor or administrator and
- after hearing on such notice of the time and place therefor given to all
persons interested as it shall direct,
extend the time as the circumstances of the estate require:
- NE 6 months for a single extension
- nor so that the whole period allowed to the original executor or
administrator shall exceed 2 years.
Sec. 16. Successor of dead executor or administrator may have time extended
on notice within certain period.
45 | P a t i o , E r i c a
IF it appears necessary for the purpose of:

o paying debts, expenses of administration, or
o legacies, or
o for the preservation of the property.
Note: It is only the court that has the power to authorize the sale. A power of
attorney executed by the heirs in favor of the E or A gives no legal effect to the
sale.
Sec. 2. When court may authorize sale, mortgage, or other encumbrance of
realty to pay debts and legacies through personalty not exhausted.
When:
the personal estate of the deceased is not sufficient to pay the debts,
expenses of administration, and legacies, OR
- where the sale of such personal estate may injure the business or other
interests of those interested in the estate, AND
- where a testator has not otherwise made sufficient provision for the
payment of such debts, expenses, and legacies,
the court, on the application of the executor or administrator AND on written
notice to the heirs, devisees, and legatees residing in the RP, may authorize the
executor or administrator:
- to sell, mortgage, or otherwise encumber so much as may be necessary
of the real estate, in lieu of personal estate,
- for the purpose of paying such debts, expenses, and legacies,
- if it clearly appears that such sale, mortgage, or encumbrances would be
beneficial to the persons interested; and
IF a part cannot be sold, mortgaged, or otherwise encumbered without injury to
those interested in the remainder, the authority may be for the sale, mortgage,
or other encumbrance:
- of the whole of such real estate OR
- so much thereof as is necessary or beneficial under the circumstances.
[RULE 89]
When the Court May Authorize Sale, Mortgage, or Other Encumbrance of
SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF
Realty to Pay Debs and Legacies Though Personalty NOT Exhausted
PROPERTY OF DECEDENT
1. If personal estate is NOT SUFFICIENT to pay debts, expenses of administration
and legacies;
Sec. 1. Order of sale of personalty.
2. If sale of personal estate may injure the business or interest of those interested in
the estate;
UPON the application of the executor or administrator, AND on written notice to 3. If testator has NOT made sufficient provision for payment of such debts,
the heirs and other persons interested, the court may:
expenses and legacies;
- order the whole or a part of the PERSONAL estate to be sold,
46 | P a t i o , E r i c a
4. If deceased was in his lifetime under contract, binding in law to deed real
property to beneficiary (Section 8);
When it appears that the sale of the whole or a part of the real or personal estate,
5. If the deceased during his lifetime held real property in trust for another person will be beneficial to the heirs, devisees, legatees, and other interested persons,
(Section 9).
the court may:
Requisites:
- upon application of the executor or administrator and
1. Application of executor or administrator;
- on written notice to the heirs, devisees and legatees who are interested in
2. Written notice to person interested; and
the estate to be sold,
3. Hearing.
authorize
the executor or administrator:
Note: Assets in the hands of E or A will not be reduced to prevent a creditor from
to
sell
the whole or a part of said estate, although not necessary to pay
receiving his full debt or diminish his dividends.
debts, legacies, or expenses of administration;
- BUT such authority shall not be granted IF inconsistent with the
Without notice and hearing the sale, mortgage or encumbrance is void. Notice is
mandatory.
provisions of a will.
- Non-compliance therewith under the sale is null and void.
In case of such sale:
- Notice given to the heirs is mandatory regardless of their age. Notice to
- the proceeds shall be assigned to the persons entitled to the estate in the
parents of minor is not sufficient.
proper proportions.
- HOWEVER, notice to counsel or guardian ad litem is sufficient.
Ratio for the Rule: The reason behind this requirement is that the heirs are the Sec. 5. When court may authorize sale, mortgage, or other encumbrance of
presumptive owners. Since they succeed to all the rights and obligation of the estate to pay debts and legacies in other countries.
deceased from the moment of the latters death, they are the person directly affected
by the sale or mortgage and therefore cannot be deprived of the property, except in
When the sale of personal estate, or the sale, mortgage, or other encumbrance of
the manner provided by law.
real estate:
- is not necessary to pay the debts, expenses of administration, or legacies
Sec. 3. Persons interested may prevent such sale, etc., by giving bond.
in the RP,
No such authority to sell, mortgage, or otherwise encumber real or personal
BUT it appears from records and proceedings of a probate court in
estate shall be granted:
another country that:
- IF any person interested in the estate gives a bond:
o the estate of the deceased in such other country is not sufficient
o in a sum to be fixed by the court,
to pay the debts, expenses of administration, and legacies there,
o conditioned to pay the debts, expenses of administration, and
the court here may authorize the executor or administrator:
legacies
- to sell the personal estate or to sell, mortgage, or otherwise encumber the
o within such time as the court directs;
real estate for the payment of debts or legacies in the other country,
and such bond:
- in the SAME manner as for the payment of debts or legacies in the RP.
- shall be for the security of the creditors, as well as of the executor or
Sec. 6. When court may authorize sale, mortgage, or other encumbrance of
administrator, and
realty acquired on execution or foreclosure.
- may be prosecuted for the benefit of either.
Note: If the opposition to the sale is based on the fact that, oppositor claims title
The court may authorize an executor or administrator:
o he property to be sold the court will holds the abeyance the authority to sell
- to sell, mortgage, or otherwise encumber real estate acquired by him on
such property until the issue of ownership is settled (Ratio: court has no
execution or foreclosure sale,
jurisdiction to resolve issues of ownership)
- under the SAME circumstances and under the SAME regulations as
prescribed in this rule for the sale, mortgage, or other encumbrance of
Sec. 4. When court may authorize sale of estate as beneficial to interested
other real estate.
persons; Disposal of proceeds.
47 | P a t i o , E r i c a
Sec. 7. Regulations for granting authority to sell, mortgage, or otherwise

encumber estate.
The court having jurisdiction of the estate of the deceased may authorize the
- to sell personal estate, or to sell, mortgage, or otherwise encumber real
estate;
- in cases provided by these rules and when it appears necessary or
beneficial,
under the following regulations:
(a) The executor or administrator shall file a written petition setting forth:
- the debts due from the deceased,
- the expenses of administration,
- the legacies,
- the value of the personal estate,
- the situation of the estate to be sold, mortgaged, or otherwise
encumbered, and
- such other facts as show that the sale, mortgage, or other encumbrance is
necessary or beneficial;
(d) IF the requirements in the preceding subdivisions of this section have been
complied with, the court, BY order stating such compliance, may authorize the
- to sell, mortgage, or otherwise encumber, in proper cases,
- such part of the estate as is deemed necessary, and
in case of sale the court may authorize it to be:
- public or private, as would be most beneficial to all parties concerned.
The executor or administrator shall be furnished with a certified copy of such
order;
(e) IF the estate is to be sold at auction the mode of giving notice of the time and
place of the sale:
- shall be governed by the provisions concerning notice of execution sale;
(f) There shall be recorded in the RD of the province in which the real estate thus
sold, mortgaged, or otherwise encumbered is situated:
- a certified copy of the order of the court,
- together with the deed of the executor or administrator for such real
estate,
which shall be as valid as if the deed had been executed by the deceased in his
lifetime.
Application for authority to sell, mortgage, or encumber property of the

(b) The court shall thereupon fix a time and place for hearing such petition, AND estate may be denied by the court IF:
1. The disposition is not for any of the reasons specified by the rules; OR
cause notice:
- stating: (1) the nature of the petition, (2) the reason for the same, and (3) 2. Under Section 3 of Rule 89, any person interested in the estate gives a
bond conditioned to pay the debts, expenses of administration and
the time and place of hearing,
legacies.
- to be given: (1) personally or (2) by mail to the persons interested, and
(3) may cause such further notice to be given, by publication or
otherwise, as it shall deem proper;
(c) IF the court requires it, the executor or administrator shall give an additional
bond:
- in such sum as the court directs,
- conditioned that such executor or administrator will account for the
proceeds of the sale, mortgage, or other encumbrance;
Regulations Provided in This Section Are MANDATORY: They apply to both

testate and intestate proceeding. An order not issued in accordance with such
regulations is VOID the sale is also void. Title does no pass to the purchaser.
Estoppel May Arise to the Question of Regularity of Sale: When a party did
not object to the order of the court decreeing the sale, he is estopped from
subsequently questioning its validity.
Sale of Land under Judicial Administration is NOT Effective Until
Approved by the Court: (Note: mere increase in the value of the property after
the sale by the E or A is not sufficient ground for the probate court to refuse
approval of the sale)
48 | P a t i o , E r i c a
Power of the Probate Court to Nullify Unauthorized Sale: The probate court
can declare it null and void for as long the proceedings had not been closed or
terminated.
Sec. 8. When a court may authorize conveyance or realty which deceased
contracted to convey; Notice; Effect of deed.
authorize the executor or administrator to deed such property

o to the person, or his executor or administrator, for whose use and
benefit it was so held; and the court may
order the execution of such trust, whether created by deed or by law.
Effect of Sales Executed By Heirs: A contract of sale is not invalidated by the

fact that it is subject to probate court approval. The transaction remains binding
on the seller-heir, but not on the other heirs who have not given their consent to
it.
Where the deceased was in his lifetime:

- under contract, binding in law,TO deed real property, or an interest
Need for Notice of Conveyance: The authority to convey as provided for in
therein,
this section can be given only after notice of the application for that purpose
the court having jurisdiction of the estate may:
has been given to all persons interested otherwise it is null and void.
- on application for that purpose,
- authorize the executor or administrator to convey such property
- according to such contract, or with such modifications as are agreed upon
by the parties and
- approved by the court; and
IF the contract is to convey real property to the executor or administrator:
- the clerk of the court shall execute the deed.
The deed executed by such executor, administrator, or clerk of court:
- shall be as effectual to convey the property as if executed by the
deceased in his lifetime;
BUT no such conveyance shall be authorized UNTIL:
- notice of the application for that purpose has been given:
o personally or
o by mail to all persons interested,
o and such further notice has been given, by publication or
otherwise, as the court deems proper;
- nor if the assets in the hands of the executor or administrator will
thereby be reduced:
o so as to prevent a creditor from receiving his full debt or
diminish his dividend.
Sec. 9. When court may authorize conveyance of lands which deceased held in
trust.
Where the deceased in his lifetime held real property in trust for another person,
the court may:
- AFTER notice given as required in the last preceding section,
49 | P a t i o , E r i c a
[RULE 90]
DISTRIBUTION AND PARTITION OF THE ESTATE
Sec. 1. When order for distribution of residue made.
When the debts, funeral charges, and expenses of administration, the allowance
to the widow, and inheritance tax, if any, chargeable to the estate in accordance
with law,
- have been paid,
the court:
- on the application of the executor or administrator, or of a person
interested in the estate, and
- after hearing upon notice,
shall assign the residue of the estate to the persons entitled to the same:
- naming them and the proportions, or parts, to which each is entitled, and
- such person may demand and recover their respective shares from the
executor or administrator, or any other person having the same in his
possession.
IF there is a controversy before the court:
- as to who are the lawful heirs of the deceased person or
- as to the distributive shares to which each person is entitled under the
law,
the controversy shall be heard and decided as in ordinary cases.
No distribution shall be allowed:
- UNTIL the payment of the obligations above mentioned has been made
or provided for,
- UNLESS the distributees, or any of them, give a bond:
o in a sum to be fixed by the court,
o conditioned for the payment of said obligations
o within such time as the court directs.
Liquidiation: This means the determination of all assets of the estate and
payment of all debts and expenses.
50 | P a t i o , E r i c a
a. If excluded from the proceedings: move for reopening of the proceedings

GR: ORDER OF DISTRIBUTION shall be made AFTER PAYMENTS of all
before the order declaring the same closed has become final and executory
debts, funeral expenses, expenses of administration, allowance of widow and
(after 30 days);
inheritance tax is effected.
b. If not excluded, but only has not yet received his distributive share under
EXC: If the distributes or any of them gives a bond conditioned for the payment
the project of partition: remedy is not to move for reopening (since
of said obligation, the ORDER OF DISTRIBUTION may be made even
proceedings are only deemed closed upon actual distribution), but to file a
BEFORE PAYMENTS of all debts, etc.
motion for execution within the reglementary period (5 years).
In These Proceedings, The Court Shall
Sec. 2. Questions as to advancement to be determined.
1. Collate;
2. Determine heirs (A separate action for the declaration not necessary) &
Questions as to advancement made, or alleged to have been made, by the
3. Determine share of each heir.
deceased to any heir:
- may be heard and determined by the court having jurisdiction of the
When is Title vested? From FINALITY of order of distribution.
estate proceedings;
- It is the order of distribution directing delivery of the residue of the estate and the final order of the court thereon:
that brings to a close the settlement proceedings.
- shall be binding on the person raising the questions and on the heir.
- An order which determined the distributive shares of heirs is
appealable. If not appealed, it becomes final.
Sec. 3. By whom expenses of partition paid.
- The probate court loses jurisdiction over the settlement proceedings only
upon payment of all debts and expenses of the obligor and delivery of the IF at the time of the distribution:
entire estate to all the heirs.
- the executor or administrator has retained sufficient effects in his hands
- which may lawfully be applied for the expenses of partition of the
Conditions Precedent to be Complied with for the Issuance of an Order of
properties distributed,
Distribution:
such expenses of partition may be paid by such executor or administrator when:
1. Showing that the executor, administrator or person interested in the estate
- it appears equitable to the court and not inconsistent with the intention of
applied for such; and
the testator;
2. The requirements as to notice and hearing upon such application have
OTHERWISE, they shall be paid by the parties:
been fulfilled.
- in proportion to their respective shares or interest in the premises, and
the apportionment shall be settled and allowed by the court, and,
Prohibition Against Interference by Other Courts: As long as the order of
- IF any person interested in the partition does not pay his proportion or
distribution of the estate has not been complied with, the probate proceedings
share,
cannot be deemed closed and terminated
o the court may issue an execution in the name of the executor or
- Ratio: A judicial partition is not final and conclusive and does not prevent
administrator against the party not paying for the sum assessed.
the heirs from bringing an action to obtain his share, provided the
prescriptive period therefore has not elapsed.
- Solution: The heir who has not received his share, should demand his share Notes:
through proper motion in the same probate or administrative proceedings, or
for the reopening of the probate or administrative proceedings, if it hadBy Whom Expenses of Partition Paid:
1. By the E or A if he has sufficient effects in his hands and when equitable
already been closed, and not through an independent action.
and not inconsistent with the testators intention, otherwise
Remedy of Heir Who has Not Received His Share of The Estate:
2. By the parties in proportion to their respective shares or interest in the
premises.
51 | P a t i o , E r i c a
Note: This is one of the instances where writ of execution may be issued.
Sec. 4. Recording the order of partition of estate.

Certified copies of final orders and judgments of the court relating to the real
estate or the partition thereof:
shall be recorded in the RD of the province where the property is situated.
[RULE 91]
ESCHEATS
Sec. 1. When and by whom petition filed.
When a person:
- dies intestate,
- seized of real or personal property in the RP,
- leaving no heir or person by law entitled to the same,
the Solicitor General or his representative in behalf of the RP:
- may file a petition in the CFI of the province where the deceased last
resided OR
- in which he had estate, if he resided out of the RP,
setting forth the facts, and praying that the estate of the deceased be declared
escheated.
Escheat, defined: The proceeding whereby the real and personal property of a
deceased person in the RP, who dies w/o leaving any will or legal heirs, become
property of the State upon his death
Concept of Escheat:
- It is the falling of a decedents estate into the general property of the state on
his death intestate w/o lawful heirs, and is applied indifferently to all his
rights to property of whatever nature
- It is a proceeding whereby the state, by virtue of sovereignty, steps in and
claims the real or personal property of a person who dies intestate leaving no
heir.
Requisites for Petition for Escheat
1. Person died intestate;
2. Person died leaving no heirs; AND
3. Person died leaving properties in the Philippines
3 Instances of Escheats
52 | P a t i o , E r i c a
1. When a person dies intestate leaving no heir but leaving property in the
RP (Sec 1)
2. Reversion Proceedings Sale in violation of the constitutional provision

3. Unclaimed Balances Act (dormant accounts for 10 years shall be
3. He is seized of real or personal property in the Philippines;

4. He left no heir or person entitled to such property;
5. There is no sufficient cause to the contrary.
escheated
Basis of the States Right to Receive Property in Escheat: Order of succession
Sec. 3. Hearing and judgment.
under the NCC, the STATE is the last heir of the decedent
UPON the satisfactory proof in open court on the date fixed in the order:
- that such order has been published as directed and
- that the person died intestate, seized of real or personal property in the
Where to file: RTC of last residence or of location of this estate in the
RP, leaving no heir or person entitled to the same, and no sufficient cause
Philippines if he is a non-resident.
being shown to the contrary,
the
court:
Instance when an Escheat Proceeding is Proper even if the decedent dies
- shall adjudge that the estate of the deceased in the RP, after the
testate? When his will was not allowed to probate and he has no known heirs.
payment of just debts and charges, shall escheat; and
shall, pursuant to law, assign:
Sec. 2. Order for hearing.
o the personal estate TO the municipality or city where he last
resided in the RP, and
IF the petition is sufficient in form and substance, the court:
o
the real estate TO the municipalities or cities, respectively, in
- by an order reciting the purpose of the petition,
which the same is situated.
- shall fix a date and place for the hearing thereof:
o
IF the deceased never resided in the RP, the whole estate may be
o which date shall be not more than 6 months after the entry of the
assigned: TO the respective municipalities or cities where the
order, and
same is located.
- shall direct that a copy of the order be published before the hearing:
Such
estate
shall
be for the benefit of:
o at least once a week for 6 successive weeks
- public schools, and public charitable institutions and centers in said
o in some newspaper of general circulation published in the
municipalities or cities.
province, as the court shall deem best.
Who files: Sol Gen or his representative in behalf of the Philippines.
The court, at the instance:

- of an interested party, or
- on its own motion,
If the Petition is Sufficient In Form and in Substance, the Court shall:
may
order the establishment of a permanent trust, so that only the income
1. Make an order of hearing hearing shall not be more than 6 MONTHS
from
the property shall be used.
AFTER ENTRY OF ORDER;
Notes:
2. Direct the publication of a copy of the order at least once a week for 6
The right to escheat may be waived expressly or impliedly
CONSECUTIVE WEEKS.
Requisites:
1. Publication of the order;
2. Person died intestate;
Sec. 4. When and by whom claim to estate filed.

IF a devisee, legatee, heir, widow, widower or other person entitled to such
estate:
- appears and files a claim thereto with the court
53 | P a t i o , E r i c a
NOTE: Escheat under the Unclaimed Balance Law must be filed in RTC of the
w/in 5 years from the date of such judgment,
place where the dormant deposits are found.
such person:
- shall have possession of and title to the same, or
- IF sold, the municipality or city shall be accountable to him for the
proceeds,
o AFTER deducting reasonable charges for the care of the estate;
but a claim not made within said time shall be forever barred.
Who may file a claim on the escheated property: Any devisee, legatee, heir,
GENERAL GUARDIANS AND GENERAL GUARDIANSHIP
widow/er or person entitled thereto.
Guardianship of minors is now governed by the Rule on Guardianship of
When to file: within 5 years from the date of judgment, otherwise, FOREVER Minors (A.M. No. 03-02-05-SC) which took effect on May 1, 2003.
BARRED.
While, guardianship of incompetents is still governed by the provisions of the
Rationale of the 5 year time limitation: Since escheat is one of the incidents of Rules of Court on Guardianship (Rule 92 to Rule 97)
sovereignty, the state may, prescribe the conditions and limits of time within a
claim o such property may be made. The 5 year period is not a device
Guardianship, defined: The power of protective authority given by law and
capriciously conjured by the state to defraud any claimant. On the contrary, it is imposed on an individual who is fee and in enjoyment of his rights over one
decidedly prescribed to encourage would be claimants to be meticulous in
whose weakness on account of his age or other infirmity renders him unable to
asserting their claims.
protect himself.
- It is a trust relation of the most sacred character, in which one person,
Sec. 5. Other actions for escheat.
called the guardian acts for another called the ward whom the law
regards as incapable of managing his own affairs.
UNTIL otherwise provided by law, actions for reversion or escheat of
properties alienated in violation of the Constitution or of any statute:
Purpose: To safeguard the right and interests of minors and incompetent persons
- shall be governed by this rule,
- EXCEPT that the action shall be instituted in the province where the land Basis of Guardianship: Parens Patriae
lies in whole or in part.
- When minors are involved, the State acts as parens patriae. It is the duty
of protecting the rights of persons or individuals who because of age or
Period: Within 5 years from the date of judgment; (under Art. 1014 of the Civil
incapacity are in an unfavorable position vis--vis other parties.
Code, THE 5-YEAR PERIOD IS RECKONED FROM THE DATE THE
- Parens Patriae is inherent in the supreme power of the state. It is the
PROPERTY WAS DELIVERED TO THE STATE and further provides that if the
interest of humanity and for the prevention of injury to those who cannot
property had been sold, the municipality or city shall be accountable only for
protect themselves
such part of the proceeds as may not have been lawfully spent.)
By whom: person with interest
Guardian, defined: A person in whom the law had entrusted the custody and
control of the person or estate or both of an infant, insane or other person
incapable of managing his own affairs.
The TC CANNOT Convert an Escheat Proceeding into an Ordinary Special

Proceeding: The 2 actions are entirely different and the requirements vesting
KINDS OF GUARDIANS:
jurisdiction are entirely different. (Publication for escheat 1/week for 3
A.
According to scope:
consecutive weeks; spec pro 6 weeks)
1. General over the person of the ward or over his property
54 | P a t i o , E r i c a
2. Limited over the property only

- Guardian of the Person
- Guardian of the Property
Note: Venue is the place of residence of the minor or incompetent. If the minor
resides outside the Philippines (non-resident), the petition may be filed RTC
where the property of such minor or incompetent may be situated
B. According to Constitution:
1. General Guardian;
The Guardianship Court does NOT have Jurisdiction to Settle Title to
2. Legal Guardian without judicial appointment;
Properties: The controversy should be threshed out in a separate ordinary action
3. Guardian Ad Litem appointed by courts of justice to prosecute or as the dispute is beyond the jurisdiction of the guardianship court.
defend a minor, insane or person declared to be incompetent, in an action
- HOWEVER, when the right or title of the ward to the property is clear
in court.
and indisputable, the guardianship court may issue an order directing its
4. Judicial Guardian: Appointed in pursuance to law as guardian for insane
delivery or return
persons, prodigals or minors.
[RULE 92]
VENUE
Sec. 1. Where to institute proceedings.
Sec. 2. Meaning of word "incompetent."

Under this rule, the word "incompetent" includes persons:
1. suffering the penalty of civil interdiction or
2. who are hospitalized lepers,
3. prodigals,
4. deaf and dumb who are unable to read and write,
5. those who are of unsound mind, even though they have lucid intervals,
and
6. persons not being of unsound mind, but by reason of age, disease, weak
mind, and other similar causes, cannot, without outside aid, take care of
themselves and manage their property, becoming thereby an easy prey
for deceit and exploitation.
Guardianship of the person or estate of a minor or incompetent may be

instituted:
o in the CFI of the province, or
o in the justice of the peace court of the municipality, or
o in the municipal court of the chartered city
- where the minor or incompetent person resides,
and IF he resides in a foreign country:
- in the CFI of the province wherein his property or part thereof is situated;
provided, however, that where the value of the property of such minor or
Sec. 3. Transfer of venue.
incompetent:
- EXCEEDS the jurisdiction of the justice of the peace or municipal court, The court taking cognizance of a guardianship proceeding, may:
- the proceedings shall be instituted in the CFI.
- transfer the same to the court of another province or municipality
In the City of Manila, the proceedings shall be instituted:
wherein the ward has acquired real property,
- in the Juvenile and Domestic Relations Court.
o IF he has transferred thereto his bona-fide residence, and
- the latter court shall have full jurisdiction to continue the proceedings,
Venue for Incompetents RTC of his residence or where his property is located
w/out requiring payment of additional court fees.
in case of non-residents (Sec. 1)
Venue for Minors Family Court of his residence or where his property is
located in case of non-resident (Sec. 3, A.M. No. 03-02-05-SC)
Residence means domicile.
55 | P a t i o , E r i c a
[RULE 93]
APPOINTMENT OF GUARDIANS
(a) any relative; or

(b) other person on behalf of a minor;
or
(c) the minor himself if 14 years of
age or over; or
(d) the Secretary of Social Welfare
and Development AND by the
Secretary of Health in case of an
insane minor who needs to be
hospitalized (Sec. 2 of A.M. No.
03-02-05-SC)
(a) any relative; or

(b) friend; or
(c) other person on behalf of the
resident incompetent who has no
parents or lawful guardian; or
(d) the Director of Health in favor of
an insane person who should be
hospitalized or in favor of an
isolated leper (Sec. 1); or
(e) any one interested in the estate of a
non-resident incompetent (Sec. 6)
Sec. 1. Who may petition for appointment of guardian for resident.

Any
Note: The father and the mother shall jointly exercise legal guardianship over the
person and property of their minor without the necessity of a court appointment.
In such case, this Rule shall be suppletory to the provisions of the Family Code
on Guardianship.
Sec. 2. Contents of petition.
relative,
friend, or
other person on behalf of:
o a resident minor or incompetent who has no parent or lawful
guardian, or
A petition for the appointment of a general guardian must show, so far as known
o the minor himself IF 14 years of age or over,
to the petitioner:
may petition the court having jurisdiction:
- for the appointment of a general guardian for the person or estate, or
both, of such minor or incompetent.
(b) The minority or incompetency rendering the appointment necessary or
An:
convenient;
- officer of the Federal Administration of the U.S. in the RP may also file a (c) The names, ages, and residences of the relatives of the minor or incompetent,
petition
and of the persons having him in their care;
o in favor of a ward thereof, and
(d) The probable value and character of his estate;
(e) The name of the person for whom letters of guardianship are prayed.
- the Director of Health,
o in favor of an insane person who should be hospitalized, or
The petition shall be verified;
o in favor of an isolated leper.
- BUT no defect in the petition or verification shall render void the
issuance of letters of guardianship.
MINOR
INCOMPETENT
MINOR
INCOMPETENT
56 | P a t i o , E r i c a

(b) the name, age and residence of the
prospective ward;
(c) the ground rendering the
appointment necessary or
convenient;
(d) the death of the parents of the
minor or the termination,
deprivation or suspension of their
parental authority;
(e) the remarriage of the minors
surviving parent;
(f) the names, ages, and residences of
relative within the 4th civil degree of
minor, and of persons having him in
their care and custody;
(g) the probable value, character and
location of the property of the
minor; and
(h) the name, age and residence of the
person from whom letters of
guardianship are prayed. (Sec. 7 of
A.M. No. 03-02-05-SC)

(b) The incompetency rendering
the appointment necessary or
convenient;
(c) the probable value and
character of his estate;
(d) the names, ages, and
residences of the relatives of
the incompetent, and of the
persons having him in their
care;
(e) the name of the person for
whom letters of guardianship
are prayed. (Section 2 of Rule
93)
(f) any one interested in the
estate of a non-resident
incompetent (Section 6)
o the incompetent himself, and

-
may direct other general or special notice thereof to be given.
Notes:
- There is NO requirement for PUBLICATION only NOTICE except in
case of non-resident minor or incompetent.
- However, service of NOTICE upon minor if above 14 years of age or
upon incompetent is MANDATORY AND JURISDICTIONAL.
- If the person is insane, service of notice upon the Director of Hospital
where he is hospitalized is sufficient.
To Whom Notice is Served:
1. Persons mentioned in the petition residing in the RO
2. The incompetent
Sec. 4. Opposition to petition.
Note: The petition involving MINORS is required to be VERIFIED and

accompanied by CERTIFICATION AGAINST FORUM SHOPPING while that Any interested person may BY filing a written opposition, contest the petition
involving INCOMPETENT must be VERIFIED only. However, no defect in the on the ground of:
- majority of the alleged minor,
petition or verification shall render void the issuance of letters of guardianship.
- competency of the alleged incompetent, or
- the unsuitability of the person for whom letters are prayed, AND
Factors Considered in Appointing a Guardian: financial situation, physical
condition, the sound judgment, prudence and trustworthiness, the moral character may pray:
and conduct, and the present and past history of a perspective appointee, as well
- that the petition be dismissed, or
as the probability of his being able to exercise the powers and duties of guardian
- that letters of guardianship issue to himself, or to any suitable person
for the full period during which guardianship is necessary .
named in the opposition.
Sec. 3. Court to set time for hearing; Notice thereof.
Form: Must be in writing Need not be verified.
When a petition for the appointment of a general guardian is filed, the court
- shall fix a time and place for hearing the same, and
- shall cause reasonable notice thereof to be given to:
o the persons mentioned in the petition residing in the province,
including the minor if above 14 years of age or
Grounds:
1. Majority of alleged minor;
2. Competency of alleged incompetent;
3. Unsuitability of the persons for whom letters are prayed.
57 | P a t i o , E r i c a
Sec. 5. Hearing and order for letters to issue.

At the hearing of the petition:
- the alleged incompetent must be present if able to attend, and
- it must be shown that the required notice has been given.
Thereupon the court shall:
- hear the evidence of the parties in support of their respective allegations,
and,
IF the person in question is a minor, or incompetent it shall:
- appoint a suitable guardian of his person or estate, or both,
- with the powers and duties hereinafter specified.
Sec. 6. When and how guardian for nonresident appointed; Notice.
4. Court shall receive evidence;

5. Declaration of the propriety of the petition;
6. Issue letters of guardianship.
Sec. 7. Parents as guardians.
When the property of the child under parental authority is worth 2k pesos
or less, the father or the mother:
- without the necessity of court appointment,
- shall be his legal guardian.
When the property of the child is worth more than 2k pesos, the father or the
mother:
- shall be considered guardian of the child's property, with the duties and
obligations of guardians under these rules, and
- shall file the petition required by section 2 thereof.
For good reasons the court may, however, appoint another suitable person.
When a person liable to be put under guardianship:

- resides w/out the Philippines
- but has estate therein,
This provision has been modified by the Family Code ?(Art 225):
any relative or friend of such person, or any one interested in his estate, in
- The father or in the absence or incapacity the mother shall be legal
expectancy or otherwise, may:
guardian of the property of an unemancipated child
- petition a court having jurisdiction for the appointment of a guardian for
- If the value of the property of annual income exceeds 50k the parent
the estate,
concerned shall be required to furnish a bond in such amount as the court
may determined which will not be less than 10% of the value of the
property
and IF, after:
- notice given to such person and in such manner as the court deems
Sec. 8. Service of judgment.
proper, by publication or otherwise, and
- hearing,
Final orders or judgments under this rule shall be served UPON:
the court is satisfied:
- the civil registrar of the municipality or city:
- that such nonresident is a minor or incompetent rendering a guardian
o where the minor or incompetent person resides or
necessary or convenient,
o where his property or part thereof is situated.
- it may appoint a guardian for such estate.
Ancillary Guardianship: Refers to the guardianship in a state other than in
which guardianship is originally granted.
[RULE 94]
BONDS OF GUARDIANS
Procedure of Guardianship Proceeding

Sec. 1. Bond to be given before issuance of letters; Amount; Conditions.
1. Filing of petition;
2. Court shall set the case for hearing;
3. Cause notices to be served to the persons mentioned in the petition, BEFORE a guardian appointed enters upon the execution of his trust, or letters of
guardianship issue:
including the minor, if above 14 years of age;
58 | P a t i o , E r i c a
he shall give a bond, in such sum as the court directs, conditioned as

follows:
(a) To make and return to the court, within 3 months:
- a true and complete inventory of all the estate, real and personal, of his
ward
- which shall come to his possession or knowledge or to the possession or
knowledge of any other person for him;
(b) To:
- faithfully execute the duties of his trust,
- to manage and dispose of the estate according to these rules for the best
interests of the ward, and
- to provide for the proper care, custody, and education of the ward;
(c) To render a true and just account:
- of all the estate of the ward in his hands, and
- of all proceeds or interest derived therefrom, and
- of the management and disposition of the same,
at the time designated by these rules and such other times as the court directs;
and
at the expiration of his trust:
- to settle his accounts with the court and
- deliver and pay over all the estate, effects, and moneys remaining in his
hands, or due from him on such settlement, to the person lawfully
entitled thereto;
(d) To perform all orders of the court by him to be performed.
AFTER due notice to interested persons, when no injury can result therefrom to
those interested in the estate.
Sec. 3. Bonds to be filed; Actions thereon.
Every bond given by a guardian:
- shall be filed in the office of the clerk of the court, and,
- in case of the breach of a condition thereof, may be prosecuted in the
same proceeding or in a separate action for the use and benefit of the
ward or of any other person legally interested in the estate.
Note: The bond of the guardian is a continuing one against the obligors and their
estates until all of its conditions are fulfilled.
- The mere fact that the defendants was removed as guardian did not
relieve his bondsman from liability during the time she was duly action
as such guardian.
Purpose of the Bond: For the protection of the property of the minor or
incompetent to the end that he may be assured of an honest administration of his
funds.
[RULE 95]
SELLING AND ENCUMBERING PROPERTY OF WARD
Necessity of Bond: When required by statutes to give a bond, no person can

qualify and act as guardian w/o complying with this condition precedent.
Sec. 1. Petition of guardian for leave to sell or encumber estate.
Sec. 2. When new bond may be required and old sureties discharged.
When:
Whenever it is deemed necessary, the court

- may require a new bond to be given by the guardian, and
- may discharge the sureties on the old bond from further liability,
the income of an estate under guardianship is insufficient:

o to maintain the ward and his family, or
o to maintain and educate the ward when a minor, or
when it appears that it is for the benefit of the ward that his real estate or
some part thereof be sold, or mortgaged or otherwise encumbered, and
59 | P a t i o , E r i c a
the proceeds thereof put out at interest, or invested in some productive

security, or in the improvement or security of other real estate of the
ward,
the guardian may present:
- a verified petition to the court by which he was appointed setting forth
such facts, and
- praying that an order issue authorizing the sale or encumbrance.
Next of Kin: This pertains to those relatives who are entitled to share in the
estate of the ward under the Law on Intestate Succession including those who
inherit per stirpes or by right of representation.
Note: Notice to next of kin and interested persons is JURISDICTIONAL.
Sec. 3. Hearing on return of order; Costs.
Notes:
At the time and place designated in the order to show cause, the court shall:
- hear the proofs and allegations of the petitioner and next of kin, and other
Grounds:
persons interested, together with their witnesses, and
1. When income of estate is insufficient to maintain the ward and his family;
- grant or refuse the prayer of the petition as the best interests of the ward
or
require.
2. When income of estate is insufficient to maintain and educate ward when a The court shall make such order as to costs of the hearing as may be just.
minor; or
3. When it appears that it is for the benefit of the ward.
Sec. 4. Contents of order for sale or encumbrance, and how long effective;
Bond.
Requirements:
1. Petition must be verified;
If, after full examination, it appears:
2. Notice must be give to the next of kin; and
- that it is necessary, or would be beneficial to the ward to sell or
3. Hearing so that they may show cause why petition should not be granted.
encumber the estate, or some portion of it,
the court shall order:
Note: Sale of the wards realty by the guardian w/o authority from the court is
- such sale or encumbrance and
VOID.
- that the proceeds thereof be expended for:
o the maintenance of the ward and his family, or
Note: The parent acting merely as legal administrator of the property of his/her
o the education of the ward, if a minor, or
children does NOT have the power to dispose such w/o legal authority
o for the putting of the same out at interest, or
o the investment of the same as the circumstances may require.
Sec. 2. Order to show cause thereupon.
If it seems probable that such sale or encumbrance:
The order:
- is necessary, or
- shall specify the causes why the sale or encumbrance is necessary or
- would be beneficial to the ward,
beneficial, and
the court shall make an order:
may direct that estate ordered sold be disposed of at either public or
- directing the next of kin of the ward, and all persons interested in the
private sale, subject to such conditions as to the time and manner of
estate,
payment, and security where a part of the payment is deferred, as in the
- to appear at a reasonable time and place therein specified to show cause
discretion of the court are deemed most beneficial to the ward.
why the prayer of the petition should not be granted.
The original bond of the guardian shall:
- stand as security for the proper appropriation of the proceeds of the sale,
60 | P a t i o , E r i c a
separate action to avoid or rescind the sale on the grounds specified by

but the judge may, if deemed expedient, require an additional bond as a
law should have been filed.
condition for the granting of the order of sale.
No order of sale granted in pursuance of this section shall continue in force more
than 1 year after granting the same, without a sale being had.
Sec. 5. Court may order investment of proceeds and direct management of
estate.
Duration of the order for sale and encumbrance of property: Within 1 year
from the granting of the order. It is presumed that if the property was not sold The court:
within 1 year, the ward has sufficient income.
- may authorize and require the guardian to invest the proceeds of sales or
- The authority to sell or encumber shall not extend beyond 1 year unless
encumbrances, and any other of his ward's money in his hands, in real
renewed by the court.
estate or otherwise, as shall be for the best interest of all concerned, and
may make such other orders for the management, investment, and disposition of
Note:
the estate and effects, as circumstances may require.
- The guardian, among others, cannot acquire by purchase even at a public
auction property under guardianship
Note: Sections 1 and 2 of this Rule relate only to the investment of proceeds
- Appeal is the proper remedy against an order of the court authorizing the from sale or encumbrance of the estate, and investment of other funds is covered
sale of the wards property
by Section 5 of this Rule
- There is a presumption that the sale of the wards estate is valid the
same cannot be attacked collaterally in the registration proceedings. A
61 | P a t i o , E r i c a

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PART II

SETTLEMENT OF ESTATE OF DECEASED PERSONS

Sec. 1. Where estate of deceased person settled.

Effect if Intestate Proceedings have commenced Prior to the Discovery of a

This is one of the reasons why issues of ownership must be ventilated in

Purchaser as Forced Intervenor in the Intestate Proceedings: He should

UNLESS: want of jurisdiction appears on the records

Sec. 2. Where estate settled upon dissolution of

In the settlement proceedings of the estate of the deceased spouse the

It shall be presumed that the decedent left no debts:

decedent left no will and no debts and

The fact of the extrajudicial settlement or administration:

Judicial Administration is NOT favored

May be instituted by ANY interested

4. Bond filed equivalent to the value of the

personal property (conditioned on the

Partition although oral is valid and binding

in their own right, if they are of lawful age/capacity, or

And IF w/in the same time of 2 years, it shall appear:

Remedies of Aggrieved Parties After the Settlement of Estate:

Rule Barring Distributees or Heirs from Objecting after the Expiration of 2

o Discovery is from the registration of the instrument to the RD.

(since in rem proceeding so constructive notice to the world)

Sec. 5. Period for claim of minor or incapacitated person.

1. It is a Proceeding In rem binding on the whole world

No will shall pass either real or personal estate:

o Ratio: solemnities are intended to protect the testator form all

kind of fraud and trickery but never to be so rigid as to destroy

Probate Courts as Courts of LIMITED jurisdiction:

A person named as executor in a will shall w/in 20 days:

Sec. 4. Custodian and executor subject to fine for neglect.

Sec. 2. Custodian of will to deliver.

A person having custody of a will AFTER the death of the testator

The person who has custody of a will shall:

Sec. 3. Executor to present will and accept or refuse trust.

Any executor/devisee/legatee named in a will OR any other person interested

The Testator Himself

Personal notice given to designated or

Personal notice sent only to testators

Sec. 2. Contents of petition.

(a) The jurisdictional facts;

Probate of the Will is a Proceeding In Rem

Sec. 4. Heirs, devisees, legatees, and executors to be notified by mail or

A copy of the notice must in like manner be mailed:

IF their places of residence be known.

Evidence Required in Support of a Will

NO will shall be proved as a lost or destroyed will UNLESS:

Facts # 1 and 3: Constitute secondary evidence in lieu of the original will

Sec. 9. Grounds for disallowing will.

(a) If not executed and attested as required by law;

2. w/n the will was executed in accordance w/ the formalities prescribed by

IF the will is contested:

IF a holographic will is contested, the same shall be allowed:

2 Types of Administration of Estate

1. The will shall be treated as if originally proved and allowed in RP courts

all estates of the RP

3. After payment of just debts and expenses of administration, the residue of

In Re-Probate of a Will Proven Abroad, Proponent Must prove:

Sec. 3. When will allowed, and effect thereof.

IF it appears at the hearing:

Territorial Limits of Administration

Must present will to the court within

Must always post bond