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SETTLEMENT OF ESTATE OF should continue hearing the two cases. However, in the case of
Uriarte v CFI, the court ruled that the private respondents should
DECEASED PERSONS have submitted the decedent’s will for probate either on motion in
the pending intestate proceedings or as a separate proceeding.
Modes of settlement of estate
Summary settlement of estate of small value Principle of exclusionary rule
Partition The court with whom the petition is first filed, must also first take
Settlement through letters testamentary or letters of cognizance of the settlement of the estate in order to exercise
administration with or without the will annexed jurisdiction over it to the exclusion of all other courts.
In the case of Cuenco v CA, the court ruled that the court where the
VENUE AND PROCESS (RULE 73)
intestate proceeding was filed may decline to take cognizance of the
petition and hold the petition before it in abeyance, and instead defer
Section 1 to the second court which has before it the petition for probate of the
decedent’s alleged will.
Jurisdiction over settlement of estate
MTC (first level court) – gross value does not exceed It should be noted that in the Uriarte case, the petitioner knew of the
P300,000 of P400,000 (Manila) fact that an intestate proceeding was first filed, while in the Cuenco
RTC – exceeds P300,000 of P400,000 (Manila) case, the petitioner had no knowledge of an existing intestate
proceeding
Venue
Decedent’s last place of residence Extent of jurisdiction of probate court
If not a resident, in any place where any of the decedent’s A probate court acting as such exercises limited jurisdiction
properties are located Administration, liquidation, and distribution of the estate
It has the authority to:
Once the court assumes jurisdiction, it shall not be contested so far as o Determine the heirs
it depends on the decedent’s place of residence or the location of the o Make a just and legal distribution of the estate
estate. EXPN: (1) in an appeal from the court, in the original case, or It is within the jurisdiction of the probate court:
(2) when the want of jurisdiction appears on the record. o To approve the sale of properties of a deceased
person by his prospective heirs before final
Objection to improper venue should be made in a motion to dismiss, adjudication
and before movant submits himself to the jurisdiction of the probate o The recognition of a natural child
court. o Status of a woman claiming to be the legal wife of
the decedent
Testate proceedings take precedence over intestate proceedings over o Legality of disinheritance of an heir by the testator
the same estate. The instestate case should be consolidated with the
testate proceeding and the judge assigned to the testate proceeding
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o To pass upon the validity of a waiver of hereditary provisionally, but the final determination of the ownership of the
rights property must be threshed out in a separate vicil action and not in the
It extends to matters incidental or collateral to the settlement probate court.
and distribution of the estate Pacioles, Jr. vs Chuatoco-Ching
o Determination of the status of each heir Issue: May a trial court, acting as an intestate court, hear and pass
o Whether the property included in the inventory is upon questions of ownership involving properties claimed to be part
conjugal or exclusive property of the deceased of the decedent’s estate.
spouse
Held: NO. The general rule is that the jurisdiction of the trial court
Heirs of Ypon v Ricaforte either as an intestate or probate court relates only to matters having
The determination of who are the decedent’s lawful heirs must be to do with the settlement of the estate and probate of will of deceased
made in the proper special proceeding for such purpose, and not in persons but does not extend to the determination of questions of
an ordinary suit for recovery of ownership and/or possession. ownership that arise during the proceedings.
Milagros Joaquino v Lourdes Reyes A well-recognized deviation to the rule is the principle that an
Matters relating to the rights of filiation and heirship must be intestate or a probate court may hear and pass upon questions of
ventilated in the proper probate court in a special proceeding ownership when its purpose is to be determine whether or not a
instituted precisely for the purpose of determining such rights. property should be inclined in the inventory. The adjudication is
merely incidental and provisional.
EXPN:
(1) when the parties in the civil case had voluntarily submitted the It should be noted that when a question arises as to ownership of
issue to the trial court and already presented their evidence regarding property alleged to be part of the estate of the deceased person, but
the issue of heirship and the RTC had consequently rendered claimed by some other person to be in his property, not by virtue of
judgment thereon, any right of inheritance from the deceased but by title adverse to that
(2) when a special proceeding had been instituted but had been of the deceased and his estate, such question cannot be determined in
finally closed and terminated, and hence cannot be reopened the course of an intestate or probate proceedings.
Jurisdiction over questions of title to property Exceptions to probate court’s limited jurisdiction
As a general rule, a probate cannot court cannot adjudicate or The probate court may pass upon the issue of ownership where the
determine title to properties claimed to be a part of the estate and interested parties are the heirs who have appeared in the proceeding
equally claimed as belonging to outside parties. and rights of third parties are not impaired. In addition, without
prejudice to the rights of third parties, all the parties may consent to
EXPN: The probate court may pass upon the title thereto but such the probate court passing upon the ownership of a property subject of
determination is not conclusive and is subject to the final decision in probate proceedings.
a separate action regarding ownership, which may be instituted by
the parties. In other words, questions of title may be passed on
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Aranas vs Mercado Absence of ten (10) years is necessary for purposes of opening up
Issue: Did the RTC have the authority to order the inclusion of the the absentee’s succession. Nevertheless, absence of five (5) years is
Badian Porperty in the inventory in the course of the intestate enough if the absentee disappeared after the age of 75.
proceedings of Emigdio.
Absence of four (4) years is adequate for the presumption of death
Held: YES. All properties, whether real and personal properties, to arise in the following situations:
should be included in the inventory of the deceased. However, the A person on board a vessel lost during a sea voyage, or an
word “all” in Section 1, rule 83 is qualified by the phrase which has aeroplane which is missing
come into his possession or knowledge, which signifies that A person in the armed forces who has taken part in war, and
properties must be known to the administrator to belong to the has been missing
decedent or are in her possession as the administrator. A person who has been in danger of death under other
circumstances and his existence has not been known for four
Section 2 years
A creditor cannot sue the surviving spouse of a decedent in an
ordinary proceeding for collection of sum of money chargeable A person who was erroneously declared presumptively dead, either
against the conjugal property. The proper remedy is to file a claim in because the absentee appears or the fact that the absentee is alive is
the settlement of the estate if the decedent. proved, may recover one’s property in the condition it may be found
and the price of the property that may have been alienated or
Settlement of conjugal property property acquired with such sums, but the fruits and rents may not be
It is not necessary to file a separate proceeding in court for the proper recovered.
disposition of the estate of the deceased husband or wife. If both
spouses have died, the conjugal partnership shall be liquidated in the
testate or intestate proceedings of either. SUMMARY SETTLEMENT OF ESTATES (RULE 74)
Section 3 and Section 4
Section 1
Presumption of death for purposes of succession
Extrajudicial settlement by agreement
There is no independent action for the declaration of presumptive
In cases where the heirs disagree as to the partition of the estate and
death, EXCEPT that a spouse may seek the declaration of
no extrajudicial settlement is possible, then an ordinary action for
presumptive death of his or her spouse for the purpose of remarriage
partition MAY be resorted to. Where the more expeditious remedy of
under the Family Code.
partition is available to the heirs, then the heirs or majority of them
may not be compelled to submit to administration proceedings.
Absence of seven (7) years, it being unknown whether or not the
absentee lives, is sufficient for the presumption of death to arise for
Requisites for extrajudicial settlement
all purposes except for succession.
Decedent died intestate
There are no outstanding debts at the time of settlement
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Registration, therefore, notifies third parties who wish to acquire the Extrajudicial Settlement Summary Settlement
property that is subject to an encumbrance of two years, counted No court intervention required Judicial adjudication although
form the date of distribution of the estate to the heirs. summary
The value of the estate is Gross value of the estate must
Compliance with the publication requirement does not bind persons immaterial not exceed P10,000.00
who have not participated in or who had no notice of the Allowed only in intestate Allowed in both testate and
extrajudicial settlement succession intestate
There must be no outstanding Available even if there are
Extrajudicial settlement – on whom binding debts at the time of the debts; it is the court which will
The publication of the settlement does not constitute constructive settlement of the estate make provision for its payment
notice to the heirs who had no knowledge or did not take part in it Resorted to at the instance of May be instituted by any
because the same was noticed after the fact of execution and by agreement of all heirs interested party, even a creditor
of the estate without the consent
Section 2 of all the heirs
Amount of bound is equivalent Amount of bound is to be
Summary settlement of estates of small value to the value of the personal determined by the court
It may be chosen by the heirs regardless of whether the decedent died property
testate or intestate
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Section 2 and 3
Duties of a custodian
The custodian, by accepting the will, does not undertake to exercise
diligence in inquiring into the testator’s death. This custodianship
creates a bailor-bailee relationship.
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Evidence that a notice of such hearing has been served upon Deposition may be resorted to if the deponent lives at least 100
the known heirs, legatees, devisees of the resident testator at kilometers away from the territorial jurisdiction of the probate court
least 20/10 days
If the petitioner is not the executor, evidence that notice has As long as the petitioner is able to prove that the testator was sane at
been served upon the executor, if his/her place of residence the time of the execution of the will, the court should admit the will
is known into probate
Testimonies of the subscribing witnesses in support of the
will Section 10
Contesting a will
Proof of notice and publication Grounds must be stated in a written opposition. He must have an
Affidavit of the publisher and copies of the actual newspaper interest in the estate, or in the will, or in the property to be affected
on which the notice was published. by it either as executor or as a claimant of the estate.
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To render a true and just account of his administration to the will must be probated first before the court may
court within one (1) year, and at any other time when revoke such.
required by the court When letters of administration are illegally issued or issued
To perform all orders of the court by him to be performed without jurisdiction
The revocation of the letters of administration produces the
As a rule, an executor is required to give a bond conditioned on one’s following consequences:
performance of the obligations enumerated in Section 1. An All powers under the letters of administration cease
execption to this rule is a provision in the decedent’s will exempting The administrator shall surrender the letters to the court
the named executor from giving a bond. The administrator must render his account within the time
given by the court
Section 3 and 4 Proceedings for the issuance of letters testamentary or
administration shall be followed.
Conditions for the special administrator’s bonds:
Make and return a true inventory of the goods, chattels, Section 2
rights, credits, and estate of the deceased which come to his
possession Removal or resignation of executor or administrator:
Truly account for the decedent’s estate as are received by Neglect to render one’s account and settle the estate
him when required by the court according to law
Deliver the same to the person appointed executor or Neglect to perform an order or judgment of the court, or a
administrator, or to such other person as may be authorized duty expressly provided by the court
to receive them Abscond
Becomes insane or otherwise incapable or suitable to
discharge the trust
REVOCATION OF ADMINISTRATION, DEATH,
RESIGNATION, AND REMOVAL OF EXECUTORS Suntat III vs, Cojuangco-Suntay
OR ADMINISTRATORS Issue: Was there a basis to remove Emilio III as a co-administrator
(RULE 82)
Held: YES. Emilio failed to make and return a true and complete
inventory which became a proven fact when he actually filed partial
Section 1
inventories before the probate court and by his inaction on two
occasions of Federico’s exclusion of Cristina’s other compulsory
Instances when the court may revoke letters of administration:
heirs, herein Isabel and her siblings, from the list of heirs.
When the decedent’s will is discovered and admitted to
probate. The enumeration of grounds for an administrator’s removal is not
o Mere discovery does not ipso facto nullify the letters exclusive. A court is justified in removing an administrator if it loses
of administration issued by the court. The decedent’s confidence in him.
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The following are sufficient basis to remove an administrator: administrator. He is required to secure a renewal of such
An administrator who disbursed funds of the estate without authority. However, notice and hearing are not anymore
judicial approval required for renewing said authority.
False representation by an administrator in securing his
appointment
An administrator who holds an interest adverse to that of the INVENTORY AND APPRAISAL PROVISION FOR
estate or by his conduct showing his unfitness to discharge SUPPORT OF FAMILY
the trust (RULE 83)
An administrator who has the physical inability and
consequent unsuitability to manage the estate Section 1
Steps before the court may accept the resignation:
The rule obligates the administrator or executor to submit a true
The administrator submits a resignation letter to the court
inventory of the decedent’s estate within three months from his
The administrator prepares an inventory of the properties in appointment.
his possession
Aranas v Mercado
Section 3
No properties appearing to belong to the decedent can be excluded
from the inventory. The fact that the properties were already covered
Acts done prior to the revocation or removal shall remain valid. They
by Torrens titles in the name of a third person cannot be a valid basis
are not nullified by the revocation of the letters of administration or
for immediately excluding certain properties from the inventory. The
administrator’s removal.
Torrens system is not a mode of acquiring title to lands, as it is
merely a system of registration of titles to lands.
If there are two or more joint administrator, the removal of one does
not automatically extend to the other, unless the court provides for it.
Section 2 and 3
Section 4
The widow and the minor or incapacitated children of the decedent
Powers of the new executor or administrator: are entitled to receive an allowance while the estate is being settled.
These allowances are in the nature of advance payments of their
To collect and settle the estate not administered that the
share in the estate, which shall be deducted from their respective
former executor or administrator had
shares that may be allotted to them. The allowance does not actually
To prosecute or defend actions commenced by or against the
encumber the decedent’s property; rather, it refers to the general
former executor or administrator
estate, which includes the surviving spouse’s share in the conjugal
To execute on judgments recovered in the name of such partnership.
former executor or administrator
He cannot sell or mortgage the decedent’s real estate
pursuant to an authority granted to the former executor or
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Allowance must still be granted even if the decedent’s liabilities Section 2 and 3
exceed the value of the estate since the allowance already refers to
the spouse’s share in the conjugal partnership. However, allowance The right of an executor or administrator to the possession and
may be denied if the surviving spouse did not contribute any management of the real and personal properties of the deceased is
property to the marriage, provided that the liabilities exceed the not absolute, and can only be exercised “so long as it is necessary
value of the estate. for the payment of the debts and expenses of administration”
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ACCOUNTABILITY AND COMPENSATION OF Sec. 1, Rule 90 regarding the hearing for the application for
EXECUTORS AND ADMINSTRATORS an order for distribution of the estate residue
(RULE 85)
In order to entitle the executor or administrator to additional A claim against the estate need not be in any particular form. It is
compensation, the estate must be large, the settlement extraordinarily sufficient if it states the character and amount of the claim, enables
difficult, and a high degree of capacity demonstrated by him. the representative to provide for its payment, and services to bar all
(discretion of the probate court) other claims by reason of its particularity of designation.
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of the properties of the decedent. They are exempted from the EXCEPTIONS:
application of the statute of non-claims. The creditor may apply with the court for a new period not
exceeding one month from the order allowing the same for
Section 2 just cause
The creditor may set up his claim as counterclaim in an
Timing for filing of claims: action filed by the executor or administrator against him
Not more than 12 months
Nor less than 6 months, reckoned from the date of the first Danan v Buencamino
publication of the notice
It was ruled that a claim filed two days after the period fixed by the
At any time before the order of distribution is entered, a creditor order of the probate court could still prosper. The administratix was
who failed to file his claim within the time set may move to be estopped and that laches has already set in considering that the issue
allowed to file such claim. The probate court may for good cause of the timeliness of the claim was made after seven years.
shown and on such terms as are just allow such claim to be filed
within a period not exceeding one month from the date of the order Presentment of probate claims may be waived by the estate’s
of the court allowing said filing. The court has no authority to admit representative, such waiver is to be determined from the
a belated claim for no cause or for an insufficient cause. administrator’s acts and conduct.
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Judgment for money defendant. (To foreclose the mortgage judicially and prove
Property levied upon in case the judgment debtor dies after the entry any deficiency as an ordinary claim)
of judgment may be sold for the satisfaction of the judgment in case o If there is a deficiency, he may file a contingent
death occurs after execution is actually levied. The cut-off date is the claim against the estate within the statute of non-
date of actual levy of execution. claims
o Before levy – claims against estate Rely solely on his mortgage and foreclose the same at
o After levy – property levied may be sold anytime within the period of the statute of limitations but he
cannot be admitted as creditor and shall not receive in the
When judgment in a civil case has become final and executor, distribution of the other assets of the estate (To rely on the
execution is not a proper remedy to enforce payment. The claimant mortgage exclusively, foreclosing the same at any time
should present the claim before the probate court. Similarly, before it is barred by prescription without the right to file a
mandamus is not an available remedy for the immediate payment of claim for any deficiency)
a claim by an administrator because such is not a matter of right.
Section 9
Section 6
Procedure for filing claims
If obligation is solidary The claim must be delivered with the necessary vouchers
creditor is mandated to file a claim against the decedent as if (affidavit to be submitted by the claimant) to the clerk of
he were the only debtor court
failure to file a claim bars it, but it does not result in the A copy must be served on the executor or administrator
extinction of the obligation If the claim is founded on an instrument, it must be attached
to the claim and filed therewith
If obligation is joint o The original need not be filed upon the submission
claim shall be properly limited to the portion owed by the of the affidavit
decedent o If it is lost or destroyed, the claimant is required to
furnish the court with affidavits containing a copy or
Section 7 particular description of the instrument and to state
its loss or destruction
Options available to a secured creditor (distinct, independent, and If the claim is due, an affidavit supporting such claim must
mutually exclusive from each other) be filed which shall state
Abandon the security and prosecute his claim against the o The amount justly due
estate and share in the general distribution of the assets (To o That no payments have been made thereon which are
waive the mortgage and claim the entire debt from the estate not credited
of the mortgage as an ordinary claim) o That there are no offsets to the same
Foreclose his mortgage or realize upon his security by action If the claim is not due or is contingent, it must be supported
in court, making the executor or administrator a party by affidavits stating its particulars
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When a person other than the claimant makes the affidavit, ACTIONS BY AND AGAINST THE EXECUTOR OR
the reasons why it is not made by the claimant must be stated ADMINSTRATORS
(RULE 87)
Section 10
Section 1 and 2
The executor or administrator must file an answer within 15 days
after service of a copy of the claim, but the court, in its discretion,
Only the following actions may be commenced against the executor
extend the time for the filing of the answer. The executor or
or administrator:
administrator shall further alleged in offset any claim which the
Recovery of real or personal property or an interest therein
decedent before death had against the claimant.
Enforcement of a lien on real or personal property
Section 11 Recovery of damages for an injury to person, property
whether real or personal
When the executor or administrator admits entirely a claim, it shall
be submitted by the clerk of court, which may be approved without Section 3
hearing.
Before distribution is made or before any residue known, the heirs
Section 12 and devisees have no cause of action against the administrator for
recovery of property left by the deceased
The obligation of the clerk of court to set the claim for trial arises
upon the happening of either: General Rule
Heirs have no legal standing to sue for recovery or protection of
The filing of an answer to the claim
property rights of the deceased
The expiration of the time for such filing
Exception
Notice shall be sent to both parties as to the setting of the claim for
Pending the filing of administration proceedings
trial. The court may refer the claim to a commissioner.
Administration proceedings have already been commenced,
but an administrator has not yet been appointed
The executor or administrator is unwilling or refuses to bring
suit
The executor or administrator is alleged to have participated
in the act complained of and he is made a party defendant
In one case, the heirs were allowed to file a petition for correction of
clerical errors in the description of the property in the project of
partition after it was approved by the probate court
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An executor or administrator may commence and prosecute to final When the conveyance or its attempt made by the decedent during his
judgment an action for the recovery of property, right, interest, debts, lifetime is in favor of the executor or administrator, the action
or credit for the benefit of creditors when the following commenced shall be in the name of all the creditors. The court’s
circumstances concur permission and the filing of bond are dispensed with.
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In case of a deficiency after the exhaustion of the decedent’s estate, it Requisites for the estate to be required to retain estate to meet the
shall be satisfied from the contribution of devisees, legatees, or heirs contingent claim are as follows:
who have been in possession of portions of the estate before the The continent claim is duly filed within the two-year period
debts and expenses have been settled and paid. allowed for the creditors to present claims
The court satisfied that the claim is valid
The claim has become absolute.
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Section 13
After the lapsed of the 2-year period, the assets retained in the hands
of the executor or administrator not exhausted in the payment of the The court is not precluded from making a single order of distribution
claims, shall be distributed by order of the court to persons entitled to of the estate. In fact, the court has power to make further orders for
the same. the distribution of the estate:
If the whole of the debts are not paid on the first distribution
Section 8 If the whole assets are not distributed
If other assets afterwards come to the hands of the executor
Where there are several creditors entitled to the same preference and or administrator
the assets are insufficient to pay all of them, the proceeds shall be
prorated among the creditors of the same preference. Section 14 to 16
Section 9 and 10 The executor or administrator has an initial period of one year from
the issuance of letters testamentary or administration to:
If the decedent is a non-resident AND insolvent, his estate found in Dispose of the estate
the Philippines shall be distributed to his creditors, BOTH here and To pay the debts and legacies of the deceased
outside the country, in proportion to their respective shares.
The executor or administrator may apply for an extension not
Section 11 and 12 exceeding six months for a single extension after hearing and notice
to all persons interested
When an appeal is taken from its decision concerning a claim, the
court may take either of the following courses of action The whole period allowed to the original executor or administrator
Suspend the order for the payment of the debts; or shall not exceed two years
Order the distribution among the creditors whose claims are
definitely allowed, leaving in the hands of the executor or The successor of the executor or administrator who dies during the
administrator sufficient assets to pay the claim disputed and settlement of the estate may have the time extended on notice, not
appealed exceeding six months at a time and not exceeding six months beyond
the time allowed to the original executor or administrator
Once the dispute has been settled, the court shall order the same to be
paid out of the assets retained to the same extent and in the same Thus, if the executor or administrator dies, the total allowable period
proportion with the claims of other creditors. is two and a half years
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SALE, MORTGAGES, AND OTHER such time as the court directs, or when provision is made to
ENCUMBRANCES OF PROPERTY OF DECEDENT meet those obligation
(RULE 89)
What the court is enjoined from doing is the distribution of the
residue of the estate before its obligations are first paid, but the court
Section 1 is not enjoined from making the declaration of heirs prior to the
satisfaction of these obligations.
The executor or administrator is prohibited from selling personal
property of the decedent without court order even if the heirs and Effect of final decree of distribution
other persons interested have consented thereto. Moreover, the court It vests title to the land of the estate in the distributees. If the decree
cannot motu proprio order the sale of personal property. It is is erroneous, it should be corrected by opportune appeal, for once it
essential that the executor or administrator applies for such sale with becomes final, its binding effect is like any other judgment in rem,
the court and gives written notice to the heirs and other persons UNLESS properly set aside for lack of jurisdiction or fraud.
interested.
Section 2 The only instance where a party interested in a probate proceeding
may have a final liquidation set aside is when he is left out by reason
The primary consideration for the court is the interest and benefit to of circumstances beyond his control or through mistake or
the heirs, devisees, legatees, and other interested persons. The only inadvertence not imputable to negligence.
limitation on a sale otherwise beneficial to interested persons would
be its inconsistency with the provisions of the will. Requisites before the distribution of the estate
Liquidation
Determination of all assets of the estate and payment
DISTRIBUTION AND PARTITION OF THE ESTATE of all debts and expenses
(RULE 90) Declaration of heirs
Undertaken to determine to whom the residue of the
Section 1 estate should be distributed
The declaration is made in the same proceeding
In settlement of estate proceedings, the distribution of the estate A separate action for the declaration of heirs not
properties can only be made: being the proper recourse
After all the debts, funeral charges, expenses of
administration, allowance to the widow, and estate tax have Project of partition
been paid; or It is a proposal for distribution of the hereditary estimates and
Before payment of said obligations only if the distributes or determines the persons entitled thereto
any of them gives a bond in a sum fixed by the court
conditioned upon the payment of said obligations within
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The probate court loses jurisdiction of an estate under administration Remedy of a preterited heir
only after the payment of all the debts and the remaining estate The intestate proceedings, although closed and terminated can still be
delivered to the heirs entitled to receive the same opened within the 10 year prescriptive period upon petition by the
preterited heir.
Reyes v RTC of Makati
Instances when the court may issue a writ of execution
Issue: Does RTC Makati acting as a special commercial court have (EXCEPTIONS to the GENERAL RULE)
jurisdiction to settle the estate of the deceased. To satisfy the contributive shares of the
devisees/legatees/heirs when the latter had entered prior
Held: NO. An accounting of the funds and assets of Zenith to possession over the estate
determine the extent and value of Anastacia’s shareholdings will be To enforce payment of the expenses of partition
undertaken by a probate court and not by a special commercial To satisfy the costs when a person is cited for examination in
court. Beyond this, the determination of title or ownership ober the probate proceedings
subject sales may be conclusively settled by the probate court as a
question of collation or advancement. Section 2
Although generally, a probate court may not decide a question of title Questions as to advancement made or alleged to have been made by
or ownership, yet if the interested parties are all heirs, or the question the deceased to any heir may be heard and determined by the court
is one of collation or advancement, or the parties consent to the having jurisdiction of the estate proceedings. The final order of the
assumption of jurisdiction by the probate court and the rights of third court thereon shall be binding on the person raising the question and
parties are not impaired, the probate court is competent to decide the on the heir. Thus, a court acting in its general jurisdiction, is devoid
question of ownership. of authority to render an adjudication and resolve the issue of
advancement of real property
Remedy of heir entitled to residue but not given his share
A motion in the same probate or administration proceedings;
A motion to reopen the settlement proceedings if it had
already been closed
o If it has already been closed and it involves persons
who are non-parties to the partition, a motion to
reopen may be filed by a non-party within 15 days or
before the order closing the proceeding becomes
final
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