ASSIGNMENT NO.

3
1. When and to whom Letters Testamentary are issued?
Testamentary Letters are issued to the Executor named in the will. Said
executor must be of legal age, a resident of the Philippines and the Court
deems such person as fit. (Rule 78, Sec 1 of Rules of Court) It is issued
when the Executor is competent, accepts the trust and gives the required
bond.
2. When and to whom Letters of Administration are issued?
Letters of Administration are issued to a competent person to administer
the estate of the deceased. It is issued when the deceased dies intestate
or with a void will, if no executor is indicated in the will, or if the
executor/s are incompetent, refuse the trust or fail to give a bond.
3. What is the order of preference in the appointment of an
administrator?
(1)To the surviving spouse;
(2)Next of kin;
(3)Persons requested by the surviving spouse or next f kin;
(4)Principal creditors; or
(5)Other persons selected by the Court
(Rule 78, Sec 6 of Rules of Court)
4. Does the order of preference in the appointment of an
administrator rule out the appointment of co-administrators?
The order of preference in the appointment of an administrator does not
rule out the appointment of co-administrators. This is applicable in cases
where justice and equity demand that opposing parties or factions be
represented in the management of the estate.
5. How do we oppose the issuance of letters testamentary? Can
we simultaneously file a Petition for letters of administration if
we oppose the issuance of letters testamentary?
An interested person may oppose the issuance of letters testamentary,
provided that the interest of the said person is material and direct and it
stands to be benefitted. The issuance of letters testamentary may oppose

by filing of a Petition in Court stating the grounds why the letters

testamentary should not issue to the persons named therein as executor.
Further, a person opposing the issuance of letters testamentary may
simultaneously file a Petition for letters of Administration, provided that
said person is legally competent to be appointed as administrator, having
complied with all the requirements established by law.
6. What are the powers and duties of executors and
administrators?
The following are the powers of the executors and administrators:
(1)Possess and manage estate of the deceased to pay debts and
expenses of administration (Rule 84, Sec 2)
(2)Have access to, examine, take copies of books & papers relating to the
partnership business, and examine and make invoices of the property
belonging to such partnership (Rule 84, Sec 1)
(3)With the approval of the Court, to compound or compromise with
debtor of the deceased (Rule 87, Sec 1)
The following are the duties of the executors and administrators:
(1)Maintain the estate in tenantable repair
(2)Deliver the same to the heirs and devisees when directed by the Court
(Rule 84, Sec 3)
7. When can the Court appoint a Special Administrator?
Distinguish a regular administrator from special administrator.
A Court may appoint a 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 appointment
of Special Administrator is valid until the questions causing the delay are
decided and executors/administrators are appointed.
SPECIAL ADMINISTRATOR DISTINGUISHED FROM REGULAR
ADMINISTRATOR
The courts order of appointment of regular administrator may be
appealed, while appointment of special administrator is interlocutory and
not appealable, it may only be challenged through a special civil action for
certiorari. As to obligations, a regular administrator is obliged to pay and

discharge all the debts of the estate, while a special administrator is not
obliged to pay estates debts.
The Court may order the appointment of a regular administrator when a
decedent dies intestate, when it fails to appoint an executor in the will
and when the will is disallowed. On the other hand, a special
administrator may be appointed only when there is delay in granting
letters testamentary or of administration, and when the
executor/administrator is a claimant against the estate.
8. What are the grounds for removal of an executor or
administrator?
The following are the grounds for the removal of an administrator:
(1)Neglect to render ones account and settle the estate according to law;
(2)Neglect to perform an order or judgment of the Court, or a duty
provided by the Rules of Court;
(3)Abscond; and
(4)Becomes insane or otherwise incapable or unsuitable to discharge the
trust.
9. Explain Statute of Non-Claims and enumerate its exceptions.
The Statute of Non-Caims is the period fixed for the filing of claims against
the estate, such that, claims not filed within the said period are barred
forever. The following are the guideline as to the statute of non-claims.
(1)The period fixed by probate court must not be less than six (6) months
nor more than twelve (12) month from the date of first publication of
notice;
(2)Such period, once fixed by the court, is mandatory and it cannot be
shortened;
(3)The statute of non-claims supersedes the statute of limitations.
There are two exceptions to the statute of non-claims. First, the creditor
may apply with the court for a new period not exceeding one month from
the order allowing the same for just cause in accordance with Rule 86
Section 2 of the Rules of Court; and Second, the creditor may set up his
claims as a counterclaim in an action filed by the executor or
administrator against him in accordance with Rule 86 Section 5 of the
Rules of Court.

10.
What are the claims that should be filed during the
Statute of Non-Claims.
Only money claims which are contracted before the decedents death are
allowed to be filed during the Statute of Non-Claims. Such claims
include every species of liability which an executor of an estate can be
called upon to pay or provide for payment out of the general fund of the
estate.
11.

What are Belated Claims?

(Wala talaga syang definition sa book. Na-mention lang sya sa Rule 86,
Section 2 discussion, page 131. Imbento ko lang to, dagdagan nyo nalang.
Ni-relate ko nalang sa Statute of non-claims.)
Belated Claims are those claims which are not filed during the period
established by law. In the case of Barredo v. Court of Appeals GR No.
17863, it was held that the Court has no authority to admit a belated
claim for no cause or for an insufficient cause.
12.
Explain the rules if the executor or administrator has a
claim against the estate.
An executor or administrator who has a claim against the estate he
represents is required to give written notice to the Court. The Court shall
then appoint a special administrator, who is vested with the same power
and subjected to the same liability as the general executor, but only as to
the adjustment of the latters claim. (Rule 86, Sec 8)
13.

Explain the rules in the payment of debts of the estate.

Before an executor or administrator pays the debts of the state, the

following requisites must concur:
(1)A hearing is conducted;
(2)The amount of debts/claims are already ascertained during the
hearing; and
(3)There are sufficient assets to pay the debts/claims.
(Rule 88, Sec 1)

Under Rule 88 Section 2, if the testator makes a provision in his will or

designates the estate to be appropriated for the payment of his debts, it
shall be paid in accordance with the provision of the will. However, if the
estate to be appropriated is not sufficient to cover the debts, the order of
preference for the payment shall be followed, these are:
(1)From the portion or property designated in the will;
(2)From the personal property, not disposed by will;
(3)From the real property, not disposed by will.
(Rule 88 Section 3)
If in case, there is still deficiency after the exhaustion of the decedents
estate, Rule 88 Section 6 provides that the payment of debts shall be
satisfied from the contribution of devisees, legatees, or heirs who have
been in possession of portions of the estates before the debts and
expenses have been settled and paid.
Lastly, under Rule 88 Section 7, if the decedent is insolvent, the
preference of credits stated in Articles 1059, and 2239 to 2251 of the Civil
Code must be followed.