RULE 72 Exceptions:

1. Appeal is made from the court in

Section 1. Subject matter of special the original case
proceedings 2. Want to Jurisdiction

(a) Settlement of estate of deceased Section 2. SETTLEMENT OF ESTATE UPON

persons; DISSOLUTION OF MARRIAGE
(b) Escheat;
(c) Guardianship and custody of children; WHAT: Marriage is dissolved upon death
(d) Trustees;
(e) Adoption; WHERE:
(f) Rescission and revocation of adoption; A. One died – community property
(g) Hospitalization of insane persons; shall be: (LAID)
(h) Habeas corpus;
(i) Change of name; 1. Inventoried
(j) Voluntary dissolution of corporations; 2. Administered
(k) Judicial approval of voluntary 3. Liquidated
recognition of minor natural children; 4. Debts be paid
(l) Constitution of family home;
(m) Declaration of absence and death; Through an Intestate or Testate proceeding of
(n) Cancellation of correction of entries in the estate of said spouse.
the civil registry.
B. Both died – the same as A and
Section 2 - Rules of Civil Actions are applicable estate of either
in special proceedings in the absence of a
special provision. Section 3. Warrants and process which is
necessary to compel the attendance of
RULE 73 witnesses or to carry their orders, judgments
and all other powers may be issued by the
Section 1 - SETTLEMENT OF ESTATE OF Probate Court through the exercise of its
DECEASED PERSONS probate jurisdiction.

WHAT: - Will is proved The court may also issue a warrant for the
- Letter of administration is granted apprehension and imprisonment if the person
- Estate is settled does not perform such order or judgment.

VENUE: Section 4. PRESUMPTION OF DEATH

A. (PLACE OF RESIDENCE OF THE
DECEDENT) Decedent (Whether a
citizen or alien) is an inhabitant of the
Philippines – in the MTC or RTC of the
City or Province where he resides at the
time of his death
A. Ordinary Presumptive Death (Article 390) -
After an absence of seven years, it being
unknown whether or not the absentee still
lives, he shall be presumed dead for all
purposes, except for those of succession.

B. (LOCATION OF THE ESTATE) Decedent is
an inhabitant of a foreign country – in
the MTC or RTC of the City or Province
where he had estate
HOW: Court who first take cognizance
shall exercise jurisdiction to the
exclusion of all other courts.
General Rule: This assumed jurisdiction shall
not be contested in a suit or proceeding.
The absentee shall not be presumed dead for
the purpose of opening his succession till after
an absence of ten years. If he disappeared after
the age of seventy-five years, an absence of five
years shall be sufficient in order that his
succession may be opened.
1. If absentee is 75 or below
7 years – for all purposes except
succession
10 years - for succession
2. If absentee is over 75 years old
5 years for all purposes
B. Qualified Presumptive Death (Article 391)
The following shall be presumed dead for all
purposes, including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea
voyage, or an airplane which is missing, who has
not been heard of for four years since the loss
of the vessel or airplane;
(2) A person in the armed forces who has taken
part in war, and has been missing for four years;
(3) A person who has been in danger of death
under other circumstances and his existence
has not been known for four years.
General Rule: 4 years for all purposes
Exception: 2 years for purposes of remarriage
(Article 41, Family Code)
Art. 41. A marriage contracted by any person
during subsistence of a previous marriage shall
be null and void, unless before the celebration
of the subsequent marriage, the prior spouse
had been absent for four consecutive years and
the spouse present has a well-founded belief
that the absent spouse was already dead.
In case of disappearance where there is danger
of death under the circumstances set forth in
the provisions of Article 391 of the Civil Code,
an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent
marriage under the preceding paragraph the
spouse present must institute a summary
proceeding as provided in this Code for the
declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse.
When can you ask for a decree of presumptive
death for purposes of remarriage?
1. 4 years after disappearance
2. 2 years if the circumstances fall under Article
391
Under these rules on presumptive death, there
is no need for a court decree. The mere running
of the period raises the presumption of death.
However, for purposes of remarriage, a
summary proceeding is required under Article
41 of the Family Code. Otherwise, the
subsequent marriage is void.
If person is proven to be alive: He shat be
entitled to the balance of his estate AFTER
payment of all his debts.
RULE 74
Section 1.
A. Extrajudicial Settlement takes place when
Decedent…
1. left no will
2. left no debts – presumption: No debt if
no creditors files a petition for letters of
administration within 2 years after the
death of decedent.
3. heirs are all of age
4. heirs are minors who are represented
by a judicial or legal representative
authorized for said purpose.
Parties then may divide the estate among
themselves as they deem fit by a public
instrument in the office of the RD.
There is no need to secure letters of
administration.
DISAGREEMENT: File an ordinary action of
partition
B. If Decedent has ONLY ONE heir:
1. He may adjudicate to himself the entire
estate
2. He may file an affidavit of adjudication
in the office of the RD
Extrajudicial Settlement may either be:
1. By public instrument
2. By stipulation
FILING OF A BOND:
- Condition precedent to the filing of
the public instrument or the
stipulation.
- Certified to under oath
- Conditioned upon the payment of
any just claim that may be filed
under Section 4 (settling amounts
of debts)
PARTIES (parties/sole heir) shall file a bond with
the RD.
Amount: equivalent to the value of the Personal
Property involved
HEARING:
Not less than 1 month nor more than 3 months
from the date of the last publication
NOTICE AND PUBLICATION:
- Extrajudicial Settlement or administration shall
be published once a week for 3 consecutive
weeks in a newspaper of general circulation in
the province.
GR: Binds every person who participated and
received notice therewith.
XPN: Shall not bind any person who has not
participated therein or had no notice thereof.
Section 2. Summary Proceeding of settlement
of small value (dead provision)
- Testate or intestate
- gross value of the estate does not exceed
10,000 pesos
- hearing, notice and publication
- court may proceed summarily
- without appointing an Executor or
Administrator
- And grant the allowance of the will
- determine who are legally entitled to
participate and entitled to receive the partition
- Judgment shall be recorded in the office of the
COC
- Order or Awards shall be registered in the
proper RD office.
Section 3. Distributees are required to file a
bond, if property other than real is to be
distributed, in an amount fixed by the court
conditioned for the payment of just claim.
Section 4. Liabilities of a Distributee and
Liabilities of the estate
Within 2 years after the settlement and
distribution of the estate
A. An heir or other person,
- unduly deprived of his lawful
participation in the estate, may
compel the Settlement of the estate
in the courts.
- Has been unduly deprived of his
lawful participation payable in
money
B. There are debts outstanding against the
estate
The Court:
1. May settle the amount of such debts or
lawful participation.
2. shall order how much and in what
manner each distribute shall contribute
3. may issue execution against the bond or
against the real estate of the deceased.
Note: Notwithstanding the transfer that was
made, the bond and real estate shall remain
charged with a liability to creditors, heirs or
other persons, 2 years after such distribution.
Section 5. Period for claim of minor or
incapacitated person.
If the person authorized to file a claim is a -
minor
- mentally incapacitated person
- in prison or
- is outside the Philippines
He may present his claim WITHIN 1 year after
such disability is removed.
EXTRAJUDICIAL SETTLEMENT VS SUMMARY
SETTLEMENT
1. As to Judicial recourse: ES requires no court
intervention. SS requires summary court action
2. As to the estates value: ES the value is
immaterial. SS the gross value must not exceed
10,000.00. Hence it is material.
3. As to scope: ES is allowed only in INTESTATE
succession. SS is allowed in both TESTATE and
INTESTATE successions.
4. As to availability: ES is only available if there
are no outstanding debts of the estate at the
time of the settlement. SS is available even if
there are estate debts.
5. As to institution: ES may be resorted to at
the instance and by agreement of all heirs. SS
may be instituted by ANY interested party even
by the creditor of the estate without the heirs’
consent.
6. As to the bond: In ES, the amount of the
bond is equal to the value of the personal
property. And it is to be filed with the Register
of deeds. In SS, the amount of the bond is
determined by the court. And it is to be filed
with the court.
SUMMARRY SETTLEMENT OF ESTATE
GR: The property of the decedent shall be
judicially administered and the competent court
shall appoint a qualified administrator in the
following order:
SECTION 6 RULE 78
If no executor is named in the will
If the executor(s) named are incompetent
If the executor(s) named refuse the trust
If the executor(s) named failed to give bond as
required
If a person dies intestate
TO WHOM LETTERS OF ADMINISTRATION IS
GRANTED
a. To the (a) SURVIVING HUSBAND OR WIFE, as
the case may be OR to the (b) next of kin or
BOTH
- in the discretion of the court
- or to the request of (a) and (b), if competent
and willing to serve
b. To one or more of the PRINCIPAL CREDITORS
who is competent and willing to serve
- If surviving husband or wife, and next of kin or
person selected
- be incompetent or unwilling
- or neglects for 30 days to apply for
administration after the death of the person
- or neglects for 30 days to request that
administration be granted to some other
person
c. to SOME OTHER PERSON, as the court may
select
- If no such creditor who is competent and
willing to serve
XPNS: When appointment of Administrator is
not necessary, instances:
1. Extrajudicial settlement BY AGREEMENT of
the parties
2. Summary Settlement of estates of small value
RULE 74
APPLICATION:
- PARTIES may DIVIDE the estate among
themselves as they see fit if the Decedent left
no debts, heirs are of age or minors are
represented, parties may, WITHOUT securing
letters of administration.
- Disagreement would lead to an ordinary
action of partition.
- HOWEVER, parties may institute
administration proceedings if they have good
reasons (depending on the circumstances of the
case) for not resorting to an action of partition.
1. Extrajudicial settlement BY AGREEMENT of
the parties - REQUISITES
Substantive requisites:
1. Decedent left NO WILL/ died intestate
2. Decedent left NO DEBTS, or has been FULLY
PAID, or has incurred debts but has been paid at
the time of the extrajudicial settlement
- It is presumed that decedent left no debt if no
creditor files a petition for letters of
administration within 2 years after the death of
the decedent.
3. Heirs are ALL of LEGAL AGE, or MINORS are
duly represented by their judicial or legal
representatives
4. An agreement, Duly Executed PUBLIC
INSTRUMENT (and a bond equivalent to the
value of personal property involved) by the heirs
and FILED with the Register of Deeds
Adjudication Requisites:
1. An agreement among the heirs by means of a
public instrument
2. IF THERE IS ONLY 1 HEIR: Affidavit of self-
adjudication by sole heir – an extrajudicial
adjudication of the entire estate in favor of such
heir by means of an affidavit
-The extrajudicial settlement shall be published
in a newspaper of general circulation. NO
EXTRAJUDICIAL SETTLEMENT SHALL BE
BINDING UPON ANY PERSON WHO HAS NOT
PARTICIPATED THEREIN OR HAD NO NOTICE
THEREOF (par2 section 1, RULE 74)
2. Summary Settlement of estates of small
value
-Done in a summary manner
- estate’s gross value does not exceed 10,000
- single hearing
- single order
- no appointment of administrator or executor
a. Estate of the deceased is valued
b. debts are paid
c. his will is allowed
d. heirs and legatees are declared and
distribution is made among them.
 RULE 75
ALLOWANCE OF A WILL
Section 1. No will shall pass either real or
personal estate unless it is proved and allowed
in the proper court.
GR: Allowance of a will is conclusive as to its
due execution
XPN: Right of appeal
Section 2. Duties of custodian of a will: The
person in custody of a will shall, within 20 days
after knowledge of the death of the testator,
deliver the same to the ff:
a. court having jurisdiction or
b. The Executor named in the will
Section 3. Executor’s Duties: The Executor
named in the will shall within 20 days after he
knows the death of the testator OR within 20
days after he knows that he is named executor
after the testators death shall:
a. Present the will to the court having
jurisdiction
b. Signify to the court f his acceptance or
refusal to accept the same.
Section 4. Custodian and Executor who
neglects, but delivers the same, without
satisfactory excuse shall be fined 2,000 pesos.
Section 5. Persons (Custodian or Executor)
having custody of the will) neglects to deliver
the will may be imprisoned until the date that
the will is delivered.
RULE 76
Section 1. Who may petition the allowance of a
will with the court having jurisdiction:
1.Named in the will
a. Executor
b. Devisee
c. Legatee
d. Testator (during his lifetime)
2. Any other person interested in the will.
WHEN: At any time after the death of the
testator
SITUATION: Whether the will is in his possession
or not, or lost or destroyed
Section 2. Contents of the petition:
1. Jurisdictional facts
2. Names, ages, and residences of the
heirs, legatees, and devices of the
testator or decedent
3. Probable value and character of the
property of the estate
4. Name of the person for whom letters
are prayed
5. Name of the person having custody of
the will (if will has not been delivered to
the court)
NOTE: Defect in the petition shall not render
the allowance of the will or issuance of letters
testamentary or administration
Section 3. Court shall fix a time and place for
proving the will and shall cause notice to be
published 3 consecutive weeks successively in a
newspaper of general circulation in the
province.
Publication is not required where the petitioner
is the testator himself.
Section 4. MAIL and PERSONAL SERVICE: The
court shall cause copies of the notice of the
time and place fixed by the court, to the heirs,
devisees and legatees and the executor or co-
executor, to their place of residence and the
post office therein at least 20 days before the
scheduled hearing.
Personal service of copies of the notice given to
the persons named above at least 10 days
before the scheduled hearing shall be
equivalent to mailing.
If it is the testator who petitioned the allowance
of his own will, notice shall be sent only to his
compulsory heirs.
Section 5. Hearing
1. Compliance of sections 3 and 4 must be
shown
2. Thereafter Testimonies shall be
introduce in support of the will
3. Testimonies shall be taken under oath
Persons who will testify:
A. One witness only – if no person appears
to contest the will
B. One witness who knows the
handwriting and signature of the
testator – if the will is a holographic will
C. Expert witness – absence of any
competent witness
Section 6. Lost/destroyed will
1. Execution and validity shall first be
established
2. It must be proved that it existed at the
time of testator’s death
3. It must be shown that it has been
fraudulently or accidentally destroyed
in the lifetime of the testator without
his knowledge
4. Must be proven/testified by 2 credible
witnesses
5. Its provisions must be distinctly stated
6. certified by the judge under the seal of
the court
7. its certificate must be recorded and
filed
Section 7. Non-resident witness (province)
1. Court, on motion, may direct that
deposition of said witnesses be taken
2. Court may also authorize a
photographic copy of the will
3. Photographic copy will be presented to
the witness on examination.
Handwriting shall also be testified.
Section 8. Non-resident witness (Philippines)/
Dead witness/ Insane witness
1. At the time of the hearing
2. Court may admit the testimony of other
witnesses
3. To prove the sanity of the testator and
due execution of the will
4. Proof of the handwriting of the testator
and of the subscribing witnesses
Section 9. Grounds for disallowing will.
1. If not executed and attested as required
by law
2. If the testator was insane, or otherwise
mentally incapable to make a will, at
the time of its execution
3. If it was executed under duress or the
influence or fear or threats
4. 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
5. If the signature of the testator was
procured by fraud or trick, and he did
not intend that the instrument should
be his will at the time of fixing his
signature thereto.
Section 10. Contesting a will
1. Any person
2. Must be made in writing
3. Indicate the grounds for opposing the
allowance of the will
4. Petitioner and other interested parties
must be served copies
Section 11. Witnesses for the contest
1. All the subscribing witnesses must be
presented, produced and examine (if
not insane or if present in the
Philippines)
2. If not a resident of the province, their
depositions must be taken
3. Including the notary
4. Their death/insanity/absence must be
proved and satisfactorily shown to
court
5. Nevertheless the will may be allowed if
the court is satisfied from the testimony
of other witnesses and all evidence
presented and the presentation and its
execution and attestation was made in
the manner required by law, even
though:
- They testify against its due
execution
- Do not remember having attested
to it
- Their credibility is doubtful
6. Allowance of a Holographic will:
- Three witnesses
- Who knows the handwriting of the
testator
- Explicitly declared that the will and
signature are the handwriting of the
testator
- Expert testimony may be resorted
absence any competent witnesses.
Section 12. Allowance of a holographic will
petitioned by the Testator
1. No contest was filed
2. Testator affirmed that the will and
signature are in his own handwriting
- Shall be sufficient evidence of the genuineness
and due execution thereof.
1. If contested
2. Contestant is burdened of disproving its
genuineness and due execution
3. Testator may present additional proof
to rebut the contestant’s evidence
Section 13. Issuance of a CERTIFICATE OF
ALLOWANCE
- Signed by the judge
- Attested by the seal of the court
attached to the will
 - Will and Certificate shall be filed
and recorded by the COC
- Will devising real estate: its
certificate of allowance shall be
recorded in the RD of the province
where the land lies.
RULE 77
ALLOWANCE OF A WILL PROVEN OUTSIDE THE
PHILIPPINES AND ADMINISTRTAION OF ESTATE
Section 1. Wills proved and allowed in a Foreign
Country, according to the latter’s laws, may be
allowed, filed and recorded by the RTC/MTC
(probate court) in the Philippines.
Section 2.Court shall fix the time and place of
hearing and cause notice
FILING: By the Executor or other interested
person
1. Copy of the will
2. Order of the decree of the allowance by
the foreign court
3. Attached to the petition for allowance
Section 3. Allowance thereof
- Signed by the judge
- Attested by the seal of the court
attached to the will
- Will and Certificate shall be filed
and recorded by the COC
Effect: as if originally proved and allowed in a
Philippine court
Section 4. Administration of the Estate
WHAT SHALL BE GRANTED:
1. Letters Testamentary
2. Letters of Administration
(with the will annexed to said letters)
Effect: Shall extend to all the estate of the
testator in the Philippines.
Residues: shall be disposed of as provided by
law
RULE 78
Section 1. Persons who are incompetent to
serve as Executors or Administrators:
1. A minor
2. Not a resident of the Philippines
3. Is unfit (in the opinion of the court) to
execute the duties and trust by reason
of:
- Drunkenness
- Improvidence
- Want of understanding
- Want of integrity
- Convicted by an offense involving
moral turpitude
Section 2. Executor to an executor shall not
administer the estate of the first executor
Section 3. Married woman may serve as an
Administratrix or an Executrix. Marriage of a
single woman shall not affect her authority
under a previous appointment
Section 4.
LETTERS TESTAMENTARY (may will)
- Issued after a will has been proved and
allowed
- Issued to the person named as the EXECUTOR
who is/are competent, accepted the trust and
gives bond
Section 5. DISQUALIFICATION OF A CO-
EXECUTOR
Reasons for disqualification:
1. Incompetency
2. Refusal to accept the trust
3. Fail to give bond
Section 6.
LETTERS OF ADMINISTRATION (walang
will/meron pero defective)
- person died intestate
- no executor is named
- executor(s) named therein are all
incompetent, refuse trust, fail to give bond
Administration shall be granted:
1. To the surviving husband or wife
2. Next of kin
3. Or both (In the discretion of the court
4. To such person who requested to be
appointed who is competent and willing
to serve
5. Principal creditors (competent and
willing to serve) = if 1 to 4 be:
- Incompetent and unwilling
- Neglects to apply for administration
30days after the death of the
decedent/testator
- Failed to request that
administration be granted to some
other person
6. To some other person selected by the
court if no such principal creditor
competent and willing to serve.
EXECUTOR VS. ADMINISTRATOR
1. As to appointment: E is nominated by
the testator and appointed by the probate
court. A is appointed by the probate court
with requisites: - intestate; if testate, not
named; if named but refused to serve or
give bond or is unwilling and incompetent.
2. As to delivery of the will: E must present
the will to the court within 20 days after
knowledge of the death or such
appointment. A is not required to perform
such.
3. As to the bond: E may serve without a
bond as provided by the testator. A must
always post a bond.
4. As to compensation: E may be
compensated for his services should the
testator provides other wise rule 58 section
7 shall apply. A shall be compensated under
Rule 85 section 7 of the ROC.
RULE 79
If the ff are filed…
Opposition to the issuance of letters
testamentary OR
Petition and Contest for letters of
Administration (with the will annexed)
Section 1. HOW
1. Filed by any person
2. In writing
3. Grounds why the same shall not be
issued
4. With hearing and notice
Section 2. CONTENTS:
1. Jurisdictional facts
2. Names, ages, and residences of the
heirs and names and residences of the
creditors of the decedent
3. Probable value and character of the
property of the estate
4. Name of the person for whom letters of
administration are prayed
No defect in the petition shall render void
the issuance of letters of administration.
Section 3. WHEN A PETITION FOR LETTERS OF
ADMINISTRATION IS FILED - Court shall fix a
time and place for proving the will and shall
cause notice to the known heirs and creditors,
and to any other interested person, to be
published 3 consecutive weeks successively in a
newspaper of general circulation in the
province.
(Mail and personal service) To their place of
residence and the post office therein at least 20
days before the scheduled hearing.
Personal service of copies of the notice given to
the persons named above at least 10 days
before the scheduled hearing shall be
equivalent to mailing.
Section 4. OPPOSITION TO PETITION FOR
ADMINISTRATION
Grounds:
1. Incompetency of the person for whom
letters are prayed therein
2. Of the contestant’s own right to the
administration and pray that letters be
issued to himself or to any competent
person(s) named in the opposition
Section 5. Hearing and order for letters to issue:
1. It must first be shown that notice has
been complied
2. Court shall hear the proofs of the
parties allegations
3. Upon satisfaction that there is no will or
that there is no competent and willing
executor, the LETTERS OF
ADMINISTRATION shall be issued to the
party entitled thereto.
Section 6. Failure to appear and claim the
issuance of the letters shall cause the latter to
be granted to any other qualified applicant.
RULE 80
SPECIAL ADMINISTRATOR
Section 1. Appointed when:
1. Delay in granting letters testamentary
or letters of administration
2. If there is an appeal from the allowance
or disallowance of a will
3. Appointed by the court
 - Shall take possession and charge of
the estate of the deceased until the
appointment of No. 1
Section 2. Powers and Duties:
1. Take possession and charge of the
goods, chattels, rights, credits and
estate of the deceased
2. Preserve the same for the administrator
and executor afterwards appointed
3. May commence and maintain suits as
administrator
4. May sell only such perishable property
and other property ordered by the
court to be sold
5. He shall NOT be liable to pay ANY debts
of the deceased unless ordered by the
court.
Section 3. Cessation of powers:
1. Upon the grant of letters testamentary
or letter of administration
2. Duties (Special Admin):
a. Deliver to the executor or
administrator the goods, chattels,
money and estate of the deceased
in his hands
b. Suits he commenced may be
prosecuted to final judgment by the
executor or administrator
RULE 81
SECTION 1: BOND
Amount: in as much as the court directs
When given: BEFORE an executor or
administrator enters upon the execution of his
trust, and letters testamentary of
administration be issued
Conditions with the bond:
1. To make an inventory and return to the
court, within 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
2. To administer according to these rules and if
an executor, according to the will of the
testator, 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, and from the
proceeds to pay and discharge all debts,
legacies and charge on the same, or such
individual thereon as shall be decreed by the
court.
3. To render a true and just account of his
administration to the court within one year
AND at any time when required by the court
4. To perform all orders of the court by him to
be performed.
SECTION 2: BOND DIRECTED IN WILL
-Testator directs in his will that:
1. Executor served without bond OR
2. With only his individual bond
-Court: may allow said executor to give bond in
such sum and surety as approved by the court
with the condition that it be paid to the debts of
the testator.
-Court may also require: FURTHER BOND. By
reason of:
- change of circumstances
- further sufficient cause(s)
SECTION 3: Court may take a SEPARATE BOND
or a JOINT BOND if there are two or more
executors and administrators.
SECTION 4: SPECIAL ADMINISTRATOR’S BOND
1. required to give a bond
2. sum as directed by the court
3. conditioned that:
- he will make and return a true inventory
- truly account for such as are received by him
- deliver the same to the person appointed
executor or administrator or to such other
person authorized to receive them.
RULE 82
REVOCATION OF ADMINSTRATION, DEATH,
RESIGNATION AND REMOVAL OF EXECUTORS
AND ADMINISTRATORS
SECTION 3: LAWFUL ACTS of an executor or
administrator BEFORE revocation, resignation
or death, SHALL have the like validity as if there
had been no such revocation.
SECTION 1: Revocation takes place when after
the letters of administration has been granted
(intestate) a will of the decedent has been
proved or allowed.
 SECTION 3: Widow and minor or incapacitated
Effects: children of the deceased shall receive
1. all powers ceases allowances under the direction of the court,
2. shall surrender the letters of administration DURING the settlement of the estate.
to the court
3. render account RULE 84

SECTION 2: RESIGNATION AND DEATH GENERAL POWERS AND DUTIES OF EXECUTORS

AND ADMINISTRATORS
RESIGNATION, when permitted:
1. neglect to render the account RULE 85
2. neglect to settle the estate
3. neglect to perform and order of judgment of ACCOUNTABILITY AND COMPENSATION OF
the court or duty E/A
4. becomes insane
5. becomes incapable or unsuitable to discharge RULE 86
the trust
CALIMS AGAINST THE ESTATE
*Court has an option to remove him
*Remaining administrators (if any) may RULE 87
administer the trust alone
*Court may grant letters to someone else ACTIONS BY AND AGAINST E/A
suitable.
RULE 88
SECTION 4: POWERS OF THE NEW E/A
1. shall have the like powers to collect and PAYMENT OF DEBTS OF THE ESTATE
settle the estate not administered by the
former RULE 89
2. May prosecute or defend actions
commenced by or against the former SALES, MORTGAGES, AND OTHER
3. Have execution on judgments recovered in ENCUMBERANCES OF PROPERTY OF DECEDENT
the name of the former
4. Court may renew the authority granted to RULE 90
the former, for the sale or mortgage of real
estate, in former of the new, WITHOUT further DISTRIBUTION AND PARTITION OF THE ESTATE
notice or hearing.
SECTION 1. Scenario: When the court shall
RULE 83 assign the residue of the estate to the persons
entitled to the same:
INVENTORY AND APPRAISAL; PROVISION FOR
SUPPORT OF FAMILY A. When payment chargeable to the estate
have been paid
Section 1: A true inventory and appraisal of
both real and personal estate of the deceased FF are chargeable to the estate:
that has come to his possession or knowledge 1. debts
shall be returned to the court WITHIN 3 months 2. funeral charges
after his appointment 3. expenses of administration
4. allowance to the widow
*Court may order the assistance of one or more 5. inheritance of tax
inheritance tax appraisers to assist the new E/A
B. E/A or person interested to the estate,
SECTION 2: Articles need not be inventoried applied for it
(shall not be considered as assets) are:
1. wearing apparel of the surviving H or W and C. After hearing and notice
minor children
2. marriage bed and bedding The Court shall:
3. other articles consumed in the subsistence of 1. name them
the family of the deceased 2. their respective portions or parts
3. such person(s) may demand and recover
their respective shares from the E/A or any
other person having the same in his possession.
If there is a controversy?: Court shall hear and
decide for it as in ordinary cases.
GR: NO DISTRIBUTION SHALL BE ALLOWED
UNTIL THE PAYMENT OF THE OBLIGATIONS
HAVE BEEN MADE
1. Court shall fix a date (not more than 6
months after the entry of the order) and place
for the hearing
2. Court shall direct that a copy of the order be
published before the hearing at least ONCE A
WEEK for SIX (6) successive weeks in some
newspaper of general circulation published in
the province.
SECTION 3. Hearing and Judgment

XPN: Distributees gave a bond, in a sum fixed by

the court

SECTION 2. Advancement made

Deceased made an advancement to any heir.
Questions may be heard and determined by the
court having jurisdiction of the estate

SECTION 3. Express partition, BY whom paid:

1. BY the E/A – if E/A has retained effects in his

hands which may be applied for the expenses of
partition, when it appears equitable to the
court and not inconsistent with the testator’s
intention

2. BY the PARTIES – if otherwise, or if not by the

E/A

SECTION 4. Shall be recorded by the Registry of

deed in the province where the property is
situated
- Certified copies of final orders and
judgments of the court relating to
the real estate or the partition.

RULE 91

ESCHEATS – seizure of real or personal property

by the Government duly represented by the
Solicitor General or his representative in behalf
of the RP.

When a petition of Escheats be filed:

1. Person dies intestate
2. left no heir or person by law entitled to his
properties

Where filed:
RTC of the province where the deceased last
resided or
If he resided out of the PH, in which he had
estate.

SECTION 2. Order of hearing