Flow Chart: JUDICIAL SETTLEMENT PROCEEDING
Allowance of Will
PETITION FOR THE
ALLOWANCE OF WILL
1.Executor
2.Devisee or legatee
3.Person interested
4.Testator
5.Any creditor
WHEN TO FILE:
Post Mortem: Anytime
Ante-mortem: During
testator’s lifetime
CONTENTS OF
PETITION
1.The jurisdictional facts –
2.The names, ages, and
residences of the
heirs,legatees, and
devisees of the testator or
decedent;
3.The probable value and
character of the property of
the estate;
4.The name of the person
for whom letters are prayed
5.The name of the person
having custody of the will
Court Order Hearing Certificate of
Publication and
Notice Proof of notice of hearing allowance
Fix time and
Evidence for petitioner
place of PUBLICATION Issued by the judge
1. Death of decedent
hearing Signed by the judge
2. Residence at the time of death
Once a wek for Attested by seal of the
Publication of TESTATE
three consecutive 1. Testimonies of subscribing witness sufficient court
Notice weeks in a
Notarial will: one subscribing witness
newspaper of sufficient
general circulation Contested: all subscribing witnesses and
notary who notarized the will
NOTICE File and record
Holographic will: at least one witness who
Mail: 20 days before knows the handwriting and signature of the By CoC: Will and
testator
hearing certificate of
Contested: at least three witnesses testify allowance
Personal service: ten 2. Proof when testator is petitioner
days before hearing Holographic will: sufficient for testator to RD: Attested copies of
affirm will and signature the will and certificate
To known heirs, Contested: burden on the contestant of allowance
legatees, devisees, 3. Proof of lost or destroyed will
and executor, Execution and validity of the will
creditors and other Will exits at the time of death or shown to
Issuance of letters
interested persons have been fraudulently or accidentally
Testamentary
destroyed during testator’s lifetime without
If petitioner is the Executor named in the
his knowledge
testator notice given will, who accepts the
Lost will:
only to compulsory trysts and gives a
Provisions distinctly stated
heirs bond
Certified by judge
Issuance of Letters of
Certificate filed and recorded
administration
INTESTATE
No
1. Decedent left no will or there is no
executor/incompetent
competent executor
/refuses the trust/fails
2. Petitioner is qualified for appointment
to give a bond
Intestacy.