RULE 74 - Summary Settlement of Estate Subscribing witnesses produced or
accounted for where will contested
(CONTESTED WILLS) – SEC 11
Proof where testator petitions for
Extrajudicial settlement by agreement allowance of holographic will
between heirs. Certificate of allowance attached to
Summary settlement of estate of small prove will. To be recorded in the Office
value of Register of Deeds.
Bond to be filed by distributees.
RULE 77 - Allowance of Will Proved Outside
Liability of distributees and estate. of Philippines and Administration of Estate
Period for claim of minor or Thereunder
incapacitated person.
Will proved outside Philippines may be
RULE 75 - Production of Will. Allowance of Will
allowed here.
Necessary Notice of hearing for allowance.
When will allowed, and effect thereof
Allowance necessary. Conclusive as to
Estate, how administered
execution.
Custodian of will to deliver. RULE 78 - Letters Testamentary and of
Executor to present will and accept or Administration, When and to Whom Issued
refuse trust
Custodian and executor subject to fine Who are incompetent to serve as
for neglect executors or administrators. (3)
Person retaining will may be Executor of executor not to administer
committed. estate
Married women may serve.
RULE 76 - Allowance or Disallowance of Will Letters testamentary issued when will
allowed
Where some coexecutors disqualified
Who may petition for the allowance of others may act.
will (4 PERSONS)
When and to whom letters of
Contents of petition administration granted (3)
Court to appoint time for proving will.
Notice thereof to be published.
RULE 79 - Opposing Issuance Of Letters
Heirs, devisees, legatees, and Testamentary. Petition And Contest For
executors to be notified by mail or Letters Of Administration
personally
Proof at hearing. What sufficient in
absence of contest. (HOLO WILL AND Opposition to issuance of letters
WILL) – SEC. 5 testamentary. Simultaneous petition
for administration.
Proof of lost or destroyed will.
Certificate thereupon. Contents of petition for letters of
administration. (SAME WITH RULE
Proof when witnesses do not reside in
76) (4)
province
Court to set time for hearing. Notice
Proof when witnesses dead or insane
thereof
or do not reside in the Philippines.
Opposition to petition for
Proof when witnesses dead or insane
administration
or do not reside in the Philippines.
Hearing and order for letters to issue.
Grounds for disallowing will. (5)
When letters of administration granted
Contestant to file grounds of contest.
to any applicant
RULE 80 - Special Administrator Executor or administrator to have
access to partnership books and
Appointment of special administrator property. How right enforced.
Powers and duties of special Executor or administrator to keep
administrator buildings in repair.
When powers of special administrator Executor or administrator to retain
cease. whole estate to pay debts, and to
administer estate not willed
RULE 81 - Bond of Executors and
Administrators RULE 85 - Accountability and
Compensation of Executors and
Bond to be given issuance of Administrators
letters. Amount. Conditions. (4
CONDITIONS) Executor or administrator chargeable
Bond of executor where directed in with all estate and income
will. When further bond required. Not to profit by increase or lose by
Bonds of joint executors and decrease in value.
administrators. When not accountable for debts due
Bond of special administrator estate
Accountable for income from realty
RULE 82 - Revocation of Administration, used by him.
Death, Resignation, and Removal of
Executors or Administrators RULE 86 - Claims Against Estate
Administration revoked if will Notice to creditors to be issued by
discovered. Proceedings thereupon. court.
Court may be remove or accept Time within which claims shall be filed.
resignation of executor or Publication of notice to creditors
administrator. Proceeding upon death, (three (3) weeks successively in a
resignation, or remova newspaper of general circulation in the
Court may be remove or accept province, and to be posted for the
resignation of executor or same period in four public places in
administrator the province and in two public places
Acts before revocation, resignation, or in the municipality where the decedent
removal to be valid last resided.)
Powers of new executor or Filing of copy of printed notice.
administrator. Renewal of license to Claims which must be filed under the
sell real estate notice. If not filed, barred; exceptions
Solidary obligation of decedent
RULE 83 - Inventory and Appraisal. Mortgage debt due from estate
Provision for Support of Family Claim of executor or administrator
against an estate
Inventory and appraisal to be returned Claim of executor or administrator
within three months against an estate.
Certain article not to be inventoried. How to file a claim. Contents thereof.
Allowance to widow and family Notice to executor or administrator.
Answer of executor or
RULE 84 - General Powers and Duties of administrator. Offsets
Executors and Administrators Disposition of admitted claim
Trial of contested claim
Judgment appealable
Costs. RULE 93 - Appointment of Guardians
RULE 87 – Actions By and Against Who may petition for appointment of
Executors and Administrators guardian for resident (4 RFOD)
Contents of petition (5)
Actions which may and which may not Court to set time for hearing. Notice
be brought against executor or thereof
administrator Opposition to petition
Executor or administrator may bring or Hearing and order for letters to issue.
defend actions which survive When and how guardian for non-
Heir may not sue until shall assigned resident appointed. Notice
Executor or administrator may Parents as guardians.
compound with debtor Service of judgment
PROHIBITED AS GUARDIANS:
RULE 88 - Payment of the Debts of the a) if the interested person is a
Estate creditor and mortgagee of the
estate. No man can serve two
RULE 89 - Sales, Mortgages, and Other masters.
Encumbrances of Property of Decedent b) Minor
c) Incompetent who has no
RULE 90 - Distribution and Partition of the capacity to care for himself and/or
Estate his properties.
DISQUALIFICATIONS: (7)
When order for distribution of reside
RULE 94 - Bonds of Guardians
made
Questions as to advancement to be
determined. Bond to be given before issuance of
By whom expenses of partition paid letters. Amount. Condition (IFAP 4)
Recording the order of partition of When new bond may be required and
estate old sureties discharged;
REQUISISTES:
a) after due notice to interested
RULE 91 – ESCHEATS
parties
b) no injury can result therefrom
When an by whom petition filed When new bond may be required and
Order for hearing old sureties discharged
Hearing and judgment (EFFECTS OF Bonds to be filed. Actions thereon
ESCHEATS)
When and by whom claim to estate RULE 95 - Selling and Encumbering
filed. Property of Ward
Other actions for escheat.
Petition of guardian for leave to sell or
General Guardians and Guardianship encumber estate. GROUNDS (3)
Order to show cause thereupon
Hearing on return of order. Costs
Contents of order for sale or
RULE 92 – VENUE encumbrance, and how long effective.
Bond
Where to institute proceedings Court may order investment of
Meaning of word "incompetent. proceeds and direct management of
Transfer of venue estate
DURATION: within 1 year from TRUSTEES
granting of the order. The auth. To
sell or encumber shall not extend RULE 98 – TRUSTEES
beyond one yr unless renewed by
the court. Where trustee appointed
Appointment and powers of trustees
RULE 96 - General Powers and Duties of under will. Executor of former trustee
Guardians need not administer trust (express
trust)
To what guardianship shall extend. Appointment and powers of new
AUTHORITY: in general; a guardian trustee under written instrument.
has full authority to take possession of a) declines b) resigns c) dies d)
the property of the ward and to removed before the obkects pof the
perform all acts necessary for its trust
management, and into bring and Proceedings where trustee appointed
defend such actions as may be abroad
needed Tor this purpose Trustee must file bond.
GENERAL POWERS: (7) Conditions included in bond.
Guardian to pay debts of ward Appraisal. Compensation of trustee
Guardian to settle accounts, collect Removal or resignation of trustee
debts, and appear in actions for ward REQUISITES: REM&RES
Estate to be managed frugally, and WHO MAY PETITION FOR REM?
proceeds applied to maintenance of GROUNDS FOR REMOVAL
ward Proceedings for sale or encumbrance
Guardian may be authorized to join in of trust estate
partition proceedings after hearing
Proceedings when the person
suspected of embezzling or
concealing property of ward.
Inventories and accounts of
guardians, and appraisement of
estates
When guardian's accounts presented
for settlement. Expenses and
compensation allowed
RULE 97 - Termination of Guardianship
Petition that competency of ward be
adjudged, and proceedings thereupon;
WHO MAY FILE (4)
When the guardian removed or
allowed to resign. New appointment;
GROUNDS (4); a) competency of
the ward ha been judicially
determined; b) guardianship is no
longer necessary; c) death of
guardian; or d) death of ward
Other termination of guardianship
Record to be kept by the justice of the
peace or municipal judge
Service of judgment