VII

CLOSING
Order declaring proceedings closed and terminated
FLOWCHART: SETTLEMENT OF ESTATE

Death (Art. 777, Civil Code)

Judicial Settlement of Estate Extrajudicial Settlement of

Estate (Rule 74)

Summary
Testate Intestate
Settlement of Partition
Proceedings Proceedings More than
Estate of (Rule 69) One heir
(Rules 75-79) (Rule 79) one heir
Small Venue

Division via a Affidavit of

Public Self-
Instrument filed Adjudication
with the filed with the
Register of register of
Deeds deeds

Publication of Publication of
Notice of the Notice of the
fact of fact of
Extrajudicial Extrajudicial
Settlement Settlement

Bond Bond
Equivalent to Equivalent to
the value of the value of
the property the property
involved involved
 FLOWCHART: JUDICIAL SETTLEMENT OF ESTATE

Petition for Probate of Will

1. Publication of notice of hearing for 3 consecutive weeks

2. Notice to designated or known heirs, legatees, devisees, and executor

Issuance of Letters Testamentary or Letters of Administration

(Special administrator may be appointed)

Publication of notice for filing claims

Period for filing claims

Issuance of Order of Payment or Sale of properties

Payment of Claims:
Sale / Mortgage / Encumbrance

Distribution of Estate
 FLOWCHART: JUDICIAL SETTLEMENT PROCEEDINGS

Petition for Allowance of Will Court Order

PETITIONER • Fix time and place of hearing
1. Executor • Publication of Notice
2. Legatees/Devisees named in the Will
3. Interested person
4. Creditor
5. Testator himself
WHEN TO FILE:
• Post-mortem: Any time
• Ante-mortem: During testator’s lifetime
CONTENTS OF PETITION Publication and Notice
1. Jurisdictional facts PUBLICATION
2. Names, ages, and addresses of heirs, • Once a week for 3 consecutive weeks
legatees, and devisees in a newspaper of general circulation
3. Probable value and character of estate NOTICE
4. Name of person for whom Letters are • Mail: 20 days before scheduled
prayed for hearing
5. Name of person having custody of the will
• Personal service: 10 days before
hearing
• To known heirs, legatees, devisees,
and executor, creditors, and other
interested persons
• If Petitioner is the Testator: notice
given only to compulsory heirs
Hearing
• Proof of notice of hearing
• Evidence for Petitioner
1. Death of decedent
2. Residence at the time of death
TESTATE
1. Testimonies of subscribing witnesses
• Notarial will: one subscribing witness
sufficient Certificate of Allowance
o Contested: all subscribing witnesses and • Issued by the judge
notary who notarized the will • Signed by the judge
• Holographic will: at least 1 witness who • Attested by seal of the court
knows the handwriting and signature of
testator
o Contested: at least 3 witnesses testify
2. Proof when Testator is Petitioner
• Holographic will: sufficient for testator to
affirm will and signature File and Record:
• Contested: burden on the contestant • By CoC: Will and certificate of
3. Proof of lose or destroyed will allowance
• Execution and validity of the will • ROD: Attested copies of the will and
certificate of allowance
• Will exists at the time of death or shown to
have been fraudulently or accidentally
destroyed during testator’s lifetime without
his knowledge
• Lost will:
o Provisions distinctly stated
o Certified by judge
o Certificate filed and recorded Issuance of Letters Testamentary
INTESTATE
1. Decedent left no will or there is no • Executor named in the will, who
competent executor accepts the trusts and gives a bond
2. Petitioner is qualified for appointment
Grant of Letters of Administration
• No executor / incompetent / refuses
the trusts / fails to give a bond
• Intestacy
 CHAPTER X – DISTRIBUTION AND PARTITION OF THE ESTATE
Rule 90 – Distribution and Partition of the Estate

FLOWCHART: EXTRAJUDICIAL SETTLEMENT OF ESTATE

REQUISITES:
1. No will
2. No debts
3. Heirs are all of age or the minors are represented by the judicial or
legal representative

MODES AVAILABLE
1. Public instrument of Affidavit
2. Ordinary action for partition

Register Public instrument or Affidavit Bond

• Equivalent to the value of the personal property involved
• Certified under oath by the parties involved
• Conditioned upon payment of any just claim that may be filed within 2
years after settlement and distribution of the estate

Publication

Distribute estate

File claims
• Within 2 years after settlement and distribution of estate
o An heir or other person has been unduly deprived of his lawful
participation in the estate
• Minor or mentally incapacitated
o Within 1 year after disability is removed
 FLOWCHART: CLAIMS AGAINST THE ESTATE

Granting of Letters Testamentary or Administration [Rule 78]

Court to issue a notice requiring all persons having money claims against the decedent to file them in
the office of the Clerk of Court [Sec. 1, Rule 86]

Publication of notice to creditors [Sec. 3, Rule 86]

Creditors to deliver the claim with the necessary vouchers to the clerk of court and serve
copies thereof on the executor/administrator [Sec. 9, Rule 86]

Claim is due – affidavit stating: Claims is not due or contingent – affidavit

1. the amount due; stating the particulars thereof. [Sec. 9, Rule
2. that no payments have been made 86]
thereon and that there are no offsets to
the same [Sec. 9, Rule 86]

Answer of executor or administrator within 15 days after service of the copy of the
claim. [Sec. 10, Rule 86]

Disposition of admitted claim Trial of contested claim

[Sec. 11, Rule 86] [Sec. 12, Rule 86]

Court may order

Court approval
known heirs to be
without hearing [Sec.
notified and heard
11, Rule 86]
[Sec. 11, Rule 86]

Opposition Filing of answer to the claim

[Sec. 11, Rule 86] [Sec. 10, Rule 86]

Claim referred to Commissioner [Sec.

12, Rule 86]
 FLOWCHART: DISTRIBUTION OF RESIDUE OF ESTATE

Payment of debts, funeral charges, and

expenses of administration, allowance the Bond by the distributes, or any of them, in a
widow and inheritance tax, if any, chargeable sum fixed by the court, conditioned on the
to the estate in accordance with law. payment of the obligations.
[Sec. 1, Rule 90] [Sec. 1, Rule 90]

Application of the executor or administrator,

or of a person interested in the estate
[Sec. 1, Rule 90]

Questions as to advancement determined

[Sec. 2, Rule 90]

Payment of expenses of partition

[Sec. 3, Rule 90]

Recording of the Order of Partition

[Sec. 4, Rule 90]
 CHAPTER XII – GENERAL GUARDIANS AND GUARDIANSHIP
AND GUARDIANSHIP OF MINORS
Rule 97 – Termination of Guardianship

FLOWCHART: GUARDIANSHIP

Petition for the Appointment of Guardian (Rule 93)

Notice of Court-ordered time and place of hearing

Ward is a non-resident – notice in such a manner
Ward is a resident – reasonable notice
the court deems proper, by publication or
(Sec. 3, Rule 93)
otherwise (Sec. 6, Rule. 93)

Opposition, if any.

Hearing

Filing of Bond (Rule 94)

Service of Judgement on the Local Civil Registrar (Sec. 8, Rule 93)

Termination of guardianship (Rule 97)

 FLOWCHART: SELLING OR ENCUMBERING PROPERTY OF THE WARD

Verified petition for leave to sell or encumber estate

GROUNDS
1. Income of the estate insufficient to maintain the ward and his family
2. It appears for the benefit of the ward
• Proceeds put out at interest or invested in some productive security

Notice
• Given to next of kin and any other person interested

Hearing
• Show cause why petition should not be granted
• Hear proofs and allegations of petitioner and next of kin, other interested
persons, and their witnesses

Court order
• Sale or encumbrance
• Proceeds be expended for the maintenance of the ward and his family, or for
the putting of the same interest, or the investment of the same as the
circumstances may require
• Specify the causes why the sale or encumbrance is necessary or beneficial
• May direct that the estate ordered sold be disposed of at either public or
private sale, subject to such conditions as to the time and manner of payment,
and security where a part of the payment is deferred as in the discretion of
the court
• May order Guardian to put up additional bond
• Effectivity: 1 year from granting of petition
 FLOWCHART: DOMESTIC ADOPTION
(A.M. 02-6-02-SC in relation to Republic Act No. 8552)

Supervised trial custody (Sec. 15)

Filing of Petition for Adoption with the Family
Court where the prospective adoptees reside.
(Sec. 6-11, A.M. 02-6-02-SC)

Social worker’s report on the result of trial

custody (Sec. 15)

Order of Hearing (Sec. 12)

Decree of adoption (Sec. 16)

Publication of order of hearing (Sec. 12)

Issuance of Certificate of Finality upon

expiration of 15-day period to appeal (Sec.
16)

Preparation and submission of child and home

study reports by the social worker, social
service office, child-placing or child-caring
agency, or the Department (Sec. 12)
Adopter to submit a certified true copy of the
decree of adoption and the certificate of
finality to the Civil Registrar (Sec. 16)

Social worker to verify with the civil registry

the real identity and registered name of the
adoptee, and establish that the child is legally
available for adoption. (Sec. 13)
At the Civil Registrar:
- Annotation of the decree on adoptee’s
original birth certificate
- Issuance of birth certificate without
notation that it is new or amended
- Sealing of original birth certificate
- Submission of proof of compliance
Hearing (within six months from the issuance of (Sec.16)
the order) (Sec. 14)
 FLOWCHART: INTER-COUNTRY ADOPTION
(A.M. 02-6-02-SC in relation to Republic Act No. 8043)

File application to adopt before the Inter-Country Adoption Board File petition before RTC
(ICAB) through the Central Authority or the Foreign Adoption with jurisdiction over
Agency child

Family Selection and Matching of the prospective adoptive child

with the applicant – Matching proposal is given to the Central
Agency or Foreign Adoption Agency RTC shall refer the
petition to the ICAB

Acceptance of the Matching Proposal by the applicant and

Assessment of Pre-adoptive Placement fees

ICAB issuance of Placement Authority within three (3) working days from receipt of acceptance of
matching proposal and corresponding fees
- ICAB shall furnish the DFA and the Central Authority or Foreign Adoption Agency copies of the
Placement Agency

Trial Custody – applicant personally fetches the adoptive child from the Philippines for trial custody
not later than twenty (20) working days after notice of issuance of the visa of the child for travel to the
country where the applicant resides. Applicant shall stay in the country with the child in for at least five
(5) days to allow them to bond.

ICAB transmits Affidavit of Consent to Adoption (executed by the DSWD) to the Central Authority or
Foreign Adoption Agency within fifteen (15) days from receipt of last post-placement report

Filing of Petition for Adoption by the adoptive applicants in the court of tribunal in accordance with
their national law

Decree of Adoption – must be transmitted by the Central Authority or the Foreign Adoption Agency to
the ICAB

Recording of the judgement in the appropriate Civil Registry in the Philippines