Spec Pro 1st Exam Codal

4.
and the debts thereof paid,
SPECIAL PROCEEDINGS PART I

a. If both spouses have died, the conjugal
Rule 73 to Rule 91
partnership shall be liquidated in the testate

or intestate proceedings of either.
Section 3.
RULE 73 Venue and Process
Process. In the exercise of probate
jurisdiction, Courts of First Instance may issue

warrants and process necessary:
Section 1.
1. to compel the attendance of witnesses or
Where estate of deceased persons
settled.
2. to carry into effect theirs orders and

judgments,
a. If the decedents is an inhabitant of the
3. and all other powers granted them by law.
Philippines at the time of his death, whether a

citizen or an alien, his
a. If a person does not perform an order or
o will shall be proved,

o or letters of administration granted, and
judgment rendered by a court in the exercise
o his estate settled, in the Court of First
of its probate jurisdiction,

b. it may issue a warrant for the apprehension
Instance in the province in which he
and imprisonment of such person until he
resides at the time of his death
performs such order or judgment, or is

b.
released.
if he is an inhabitant of a foreign country, the

Court of First Instance of any province in
Section 4.
which he had estate.
Presumption of death.
a. For purposes of settlement of his estate, a person

-
The court first taking cognizance of the
shall be presumed dead if absent and
settlement of the estate of a decedent, shall
unheard from for the periods fixed in the
exercise jurisdiction to the exclusion of all
Civil Code.
b. But if such person proves to be alive, he shall be
other courts.
entitled to the balance of his estate after

c.
payment of all his debts.
The jurisdiction assumed by a court shall not
c. The balance may be recovered by motion in the
be contested in a suit or proceeding

-
same proceeding.
so far as it depends on the place of

residence of the decedent,
or of the location of his estate

RULE 74 Summary Settlement of Estate
except in an appeal from that court, in the

original
case,
or
when
the
want
of
jurisdiction appears on the record.

Section 2.
Where estate settled upon dissolution of
marriage.
of the husband or wife, in the testate or
intestate proceedings of the deceased
spouse, the community property shall be
inventoried,
2. administered, and
3. liquidated,
1
Extrajudicial settlement by agreement
between heirs.
1.
If the decedent left no will and no debts
2. and the heirs are all of age, or the minors are
a. When the marriage is dissolved by the death
1.
Section 1.
Special Proceedings Rule 73 to Rule 91 | Himay ni Chay
represented
by
their
judicial
or
legal
representatives duly authorized for the purpose,

3. the parties may without securing letters of
administration,
divide
the
estate
among
themselves as they see fit

a. by means of a public instrument filed in
the office of the register of deeds,
b. and should they disagree, they may do so
three (3) months from the date of the last
in an ordinary action of partition.
publication of a notice
4. If there is only one heir, he may adjudicate to
6. notice shall be published once a week for
himself the entire estate by means of an
three (3) consecutive weeks in a newspaper
affidavit filled in the office of the register of
of general circulation in the province,
deeds.
7.
and after such other notice to interest persons

as the court may direct,
The parties to an extrajudicial settlement, whether

by public instrument (3a) or by stipulation in a
a. The court may proceed summarily,
pending action for partition (3b), or the sole heir
b. without the appointment of an executor or
who adjudicates the entire estate to himself by

means of an affidavit (4) shall file, simultaneously
administrator, and without delay,

c.
with and as a condition precedent to the filing of

the public instrument, or stipulation in the action for
to grant, if proper, allowance of the will, if any

there be,
d. to determine who are the persons legally
partition, or of the affidavit in the office of the
entitled to participate in the estate,

e. and to apportion and divide it among them
register of deeds,
after the payment of such debts of the estate
1. a bond with the said register of deeds, in an

amount equivalent to the value of the personal
property involved
as the court shall then find to be due;

f.
2. as certified to under oath by the parties
and such persons, in their own right, if they are

of lawful age and legal capacity, or by their
concerned
guardians or trustees legally appointed and
3. conditioned upon the payment of any just
qualified, if otherwise, shall thereupon be
claim that may be filed under section 4 of this
entitled
to
receive
and
enter
into
the
rule.
possession of the portions of the estate so

awarded to them respectively.
It shall be presumed that the decedent left
g. The court shall make such order as may be

just respecting the costs of the proceedings,
no debts if no creditor files a petition for letters

of administration within two (2) years after the
h. and all orders and judgments made or
death of the decedent.
rendered in the course thereof shall be

recorded in the office of the clerk,
The
fact
of
the
extrajudicial
settlement
or
i.
and the order of partition or award, if it involves
administration shall be published in a newspaper of
real estate, shall be recorded in the proper
general circulation in the manner provided in the next
register's office.
succeeding section; but no extrajudicial settlement

shall be binding upon any person who has not
Section 3.
participated therein or had no notice thereof.
1. The
Bond to be filed by distributees.

court,
before
allowing
partition
in
accordance with the provisions of the preceding

Section 2.
Summary settlement of estate of small
value.
section,
2. may require the distributees, if property other than
1. Whenever the gross value of the estate of a

deceased person, whether he died testate or
intestate,
real is to be distributed, to file a bond in an amount

to be fixed by court,
3. conditioned for the payment of any just claim
2. does not exceed ten thousand pesos,
which may be filed under the next succeeding
3.
section.
and that fact is made to appear to the Court of

First Instance having jurisdiction of the estate
Liability of distributees and estate.
4. by the petition of an interested person
Section 4.
5. and upon hearing, which shall be held not
a. If it shall appear at any time within two (2) years
less than one (1) month nor more than
after the settlement and distribution of an estate in
accordance with the provisions of either of the first
Necessary
two sections of this rule,

b. that an heir or other person has been unduly
deprived of his lawful participation in the
estate,
c.
Section 1.
Allowance necessary. Conclusive as to
execution.
a. No will shall pass either real or personal estate
such heir or such other person may compel the
unless it is proved and allowed in the proper
settlement of the estate in the courts in the manner

hereinafter provided for the purpose of satisfying
court.
b. Subject to the right of appeal, such allowance
such lawful participation.
of the will shall be conclusive as to its due

execution.
1. And if within the same time of two (2) years,

2. it shall appear that there are debts outstanding
against the estate which have not been paid,
Section 2.
Custodian of will to deliver.
1. The person who has custody of a will shall,
3. or that an heir or other person has been unduly
within twenty (20) days after he knows of
deprived of his lawful participation payable in

money,
the death of the testator,

2. deliver the will
4. the court having jurisdiction of the estate may, by
a. to the court having jurisdiction,
order for that purpose, after hearing, settle the
b. or to the executor named in the will.
amount of such debts or lawful participation

5. and order how much and in what manner each
distributee shall contribute in the payment thereof,
6. and may issue execution, if circumstances require,
a. against the bond provided in the preceding
Section 3.
refuse trust.
A person named as executor in a will shall,
a. within twenty (20) days after he knows of the
section
death of the testate,
b. or against the real estate belonging to the

c.
Executor to present will and accept or
b.
or within twenty (20) days after he knows
deceased, or both.
that he is named executor if he obtained
Such bond and such real estate shall remain
such knowledge after the death of the testator,
charged with a liability to creditors, heirs, or

other persons for the full period of two (2)
years
after
such
distribution,
notwithstanding any transfers of real estate

that may have been made.
c.
present
such
will
to
the
court
having
jurisdiction,
d. unless the will has reached the court in any
other manner,
e. and shall, within such period, signify to the
court in writing his acceptance of the trust or
Section 5.
Period
for
claim
of
minor
or
his refusal to accept it.
incapacitated person.
If on the date of the expiration of the period of two (2)
Section 4.
years prescribed in the preceding section the person
for neglect. A person who neglects any of the duties
authorized to file a claim is a
required in the two last preceding sections without
Custodian and executor subject to fine
1. minor
excused satisfactory to the court shall be fined not
2. or mentally incapacitated,
exceeding two thousand pesos.
3. or is in prison
4. or outside the Philippines,
Section 5.
Person retaining will may be committed.
A person having custody of a will after the death of

he may present his claim within one (1) year after
the testator who neglects without reasonable cause to
such disability is removed.
deliver the same, when ordered so to do, to the court

having jurisdiction, may be committed to prison and
RULE 75 Production of Will. Allowance of Will

3
there kept until he delivers the will.
weeks successively, previous to

the time appointed, in a newspaper of
RULE 76 Allowance or Disallowance of Will
general circulation in the province.

Section 1.
Who may petition for the allowance of
But no newspaper publication shall be made
will.
where the petition for probate has been filed
The following may, at any time after the death of the
by the testator himself.
testator, petition the court having jurisdiction to have
Section 4.
Heirs,
devisees,
legatees,
and
the will allowed, whether the same be in his
executors to be notified by mail or personally.
possession or not, or is lost or destroyed.
1. The court shall also cause copies of the notice of
1. Any executor,
the time and place fixed for proving the will to be
2. devisee,
addressed to the designated or other known heirs,
3. or legatee named in a will,
legatees, and devisees of the testator resident in
4. or any other person interested in the estate,
the Philippines at their places of residence,

2. and deposited in the post office with the postage
The testator himself may, during his lifetime, petition
thereon prepaid at least twenty (20) days before
the court for the allowance of his will.
the hearing, if such places of residence be known.

3. A copy of the notice must in like manner be mailed
to the person named as executor, if he be not
Contents of petition. A petition for the
Section 2.
the petitioner;
allowance of a will must show, so far as known to the
4. also, to any person named as coexecutor not
petitioner:
petitioning, if their places of residence be known.
(a) The jurisdictional facts;

(b) The names, ages, and residences of the heirs,
5. Personal service of copies of the notice at least (10)
legatees, and devisees of the testator or decedent;
days before the day of hearing shall be equivalent
(c) The probable value and character of the property
to mailing.
of the estate;
If the testator asks for the allowance of his
(d) The name of the person for whom letters are
own will, notice shall be sent only to his
prayed;
compulsory heirs.
(e) If the will has not been delivered to the court, the
name of the person having custody of it.
Section 5.
Proof at hearing. What sufficient in
absence of contest.
1. At the hearing compliance with the provisions
But no defect in the petition shall render void

1. the allowance of the will,
of the last two preceding sections (publication
2. or the issuance of letters testamentary or of
and mail or personal notice) must be shown

before the introduction of testimony in support
administration with the will annexed.
of the will.
Section 3.
2.
Court to appoint time for proving will.
and reduced to writing.
Notice thereof to be published.

1. When a will is delivered to, or a petition for the
All such testimony shall be taken under oath
It no person appears to contest the allowance

of the will,
allowance of a will is filed in,
a. the court may grant allowance thereof on
2. the court having jurisdiction, such court shall
the testimony of one of the subscribing

witnesses only,
a. fix a time and place for proving the
b. if such witness testify that the will was
will when all concerned may appear
executed as is required by law.
to contest the allowance thereof,

b. and shall cause notice of such time
and place to be published three (3)
In the case of a holographic will,

a. it shall be necessary that at least one
witness who knows the handwriting and
Section 8.
signature of the testator
do not reside in the Philippines.
b. explicitly declare that the will and the

signature are in the handwriting of the
testator.
o
Proof when witnesses dead or insane or
If the appears at the time fixed for the hearing that the
subscribing witnesses are
1.
dead
In the absence of any such competent
2. or insane,
witness, and if the court deem it necessary,
3. or that none of them resides in the Philippines,
expert testimony may be resorted to.

the court may admit the testimony of other
Section 6.
Proof of lost or destroyed will. Certificate
witnesses to prove
thereupon.
a. the sanity of the testator,
No will shall be proved as a lost or destroyed will
b. and the due execution of the will;
unless
c.
1. the execution and validity of the same be
and as evidence of the execution of the will, it

may admit proof of the handwriting of the
established,
testator and of the subscribing witnesses, or of
2. and the will is proved to have been in
any of them.
existence at the time of the death of the

testator,
3. or is shown to have been fraudulently or
Section 9.
Grounds for disallowing will. The will
shall be disallowed in any of the following cases:
accidentally destroyed in the lifetime of the
(a) If not executed and attested as required by law;
testator without his knowledge,
(b) If the testator was insane, or otherwise mentally
4. nor unless its provisions are clearly and
incapable to make a will, at the time of its execution;
distinctly proved by at least two (2) credible
(c) If it was executed under duress, or the influence of
witnesses.
fear, or threats;
(d) If it was procured by undue and improper
a. When a lost will is proved, the provisions
pressure and influence, on the part of the beneficiary,
thereof must be distinctly stated and certified
or of some other person for his benefit;
by the judge,
(e) If the signature of the testator was procured by
b. under the seal of the court,
fraud or trick, and he did not intend that the instrument
c.
and the certificate must be filed and recorded
should be his will at the time of fixing his signature
as other wills are filed and recorded.
thereto.
Section 7.
Proof when witnesses do not reside in
province.
Section 10.
If it appears at the time fixed for the hearing that none

of the subscribing witnesses resides in the province,
but that the deposition of one or more of them can be
taken elsewhere, the court may,
Contestant to file grounds of contest.
Anyone appearing to contest the will must

1. state in writing his grounds for opposing its
allowance,
2. and serve a copy thereof on the petitioner and
other parties interested in the estate.
1. on motion, direct it to be taken,

2. and may authorize a photographic copy of the
will to be made
3. and to be presented to the witness on his
examination, who may be asked the same
questions with respect to it,
4. and to the handwriting of the testator and
others, as would be pertinent and competent if
the original will were present.
Section 11.
Subscribing
witnesses
produced
or
accounted for where will contested.

If the will is contested,
1. all the subscribing witnesses, and the notary in
the case of wills executed under the Civil Code
of the Philippines,
2. if present in the Philippines and not insane,
must be produced and examined,
3. and the death, absence, or insanity of any of
them must be satisfactorily shown to the court.
2. and that the testator at the time of its execution
4. If all or some of such witnesses are present in
was of sound and disposing mind, and not
the Philippines but outside the province where
acting under duress, menace, and undue
the will has been filed, their deposition must
influence, or fraud,
be taken.
3. a certificate of its allowance, signed by the

judge, and attested by the seal of the court
a. If any or all of them testify against the due
shall be attached to the will and the will and
execution of the will,
certificate filed and recorded by the clerk.
b. or do not remember having attested to it,

c.
4.
or are otherwise of doubtful credibility,
Attested copies of the will devising real estate

and of certificate of allowance thereof, shall be
d. the will may nevertheless, be allowed if the
recorded in the register of deeds of the
court is satisfied from the testimony of other
province in which the lands lie.
witnesses and from all the evidence presented

that the will was executed and attested in the
manner required by law.
RULE 77 Allowance of Will Proved Outside of

Philippines and Administration of Estate
Thereunder
If a holdgraphic will is contested,

1. the same shall be allowed if at least three
Section 1.
Will proved outside Philippines may be
(3) witnesses who know the handwriting of
allowed here. Wills proved and allowed in a foreign
the testator
country, according to the laws of such country, may be
2. explicitly declare that the will and the

signature are in the handwriting of the
allowed, filed, and recorded by the proper Court of

First Instance in the Philippines.
testator;
3. in
the
absence
of
any
competent
witnesses, and if the court deem it

necessary, expert testimony may be
resorted to.
Section 2.
Notice of hearing for allowance.
1. When a copy of such will and of the order or

decree of the allowance thereof,
2. both duly authenticated,
3. are filed with a petition for allowance in the
Section 12.
Proof
where
testator
petitions
for
allowance of holographic will.

1. Where the testator himself petitions for the
probate of his holographic will
Philippines,
4. by the executor or other person interested, in the
court having jurisdiction,
5. such court shall fix a time and place for the hearing,
2. and no contest is filed,
and cause notice thereof to be given as in case of
3. the fact that the affirms that the holographic will
an original will presented for allowance.
and the signature are in his own handwriting, shall
4.
When will allowed, and effect thereof.
be sufficient evidence of the genuineness and
Section 3.
due execution thereof.
If it appears at the hearing that the will should be
If the holographic will is contested, the burden of
allowed in the Philippines,
disproving the genuineness and due execution
1. the court shall so allow it,
thereof shall be on the contestant.
2. and a certificate of its allowance, signed by
5. The testator to rebut the evidence for the
the judge, and attested by the seal of the court,
contestant.
to which shall be attached a copy of the will,

shall be filed and recorded by the clerk,
Section 13.
Certificate of allowance attached to
prove will. To be recorded in the Office of Register of
3.
and the will shall have the same effect as if

originally proves and allowed in such court.
Deeds.
1. if the court is satisfied, upon proof taken and
filed, that the will was duly executed,
6
Section 4.
Estate, how administered.
When a will is thus allowed, the court shall
1. grant letters testamentary, or letters of

administration with the will annexed,
2. and
3.
such
letters
testamentary
others may act. When all of the executors named in

a will can not act because of
or
of
1. incompetency,
administration, shall extend to all the estate of
2. refusal to accept the trust,
the testator in the Philippines.
3. or failure to give bond,
Such estate, after the payment of just
4. on the part of one or more of them, letters
debts and expenses of administration, shall
testamentary may issue to such of them as are
be disposed of according to such will, so far as
competent, accept and give bond, and they
such will may operate upon it;
may perform the duties and discharge the trust
4. and the residue, if any shall be disposed of as
required by the will.
is provided by law in cases of estates in the

Philippines belonging to persons who are
Section 6.
When
and
inhabitants of another state or country.
administration granted.
to
whom
letters
of
If no executor is named in the will,
RULE 78 Letters Testamentary and of
or the executor or executors are incompetent,
Administration, When and to Whom Issued
refuse the trust,
or fail to give bond,
or a person dies intestate, administration shall be
Section 1.
executors
Who are incompetent to serve as

or
administrators.
No
person
in
granted:
competent to serve as executor or administrator who:
(a) To the surviving husband or wife, as the case
(a) Is a minor;
may be, or next of kin, or both, in the discretion of the
(b) Is not a resident of the Philippines; and
court, or to such person as such surviving husband
(c) Is in the opinion of the court unfit to execute the
or wife, or next of kin, requests to have appointed,
duties of the trust by reason of
if competent and willing to serve;
drunkenness,
improvidence,
(b) If such surviving husband or wife, as the case may
or want of understanding or integrity,
be, or next of kin, or the person selected by them, be
or by reason of conviction of an offense
incompetent or unwilling, or if the husband or widow, or
involving moral turpitude.
next of kin, neglects for thirty (30) days after the death
of the person to apply for administration or to request
Section 2.
Executor of executor not to administer
that administration be granted to some other person, it
estate. The executor of an executor shall not, as
may be granted to one or more of the principal
such, administer the estate of the first testator.
creditors, if competent and willing to serve;
Married women may serve. A married
(c) If there is no such creditor competent and willing
woman may serve as executrix or administratrix, and
to serve, it may be granted to such other person as
the marriage of a single woman shall not affect her
the court may select.
Section 3.
authority so to serve under a previous appointment.

RULE 79 Opposing Issuance Of Letters
Section 4.
Letters testamentary issued when will
Testamentary. Petition And Contest For Letters Of
allowed. When a will has been proved and allowed,
Administration
the court shall issue letters testamentary thereon to the
Section 1.
person named as executor therein, if he is
testamentary. Simultaneous petition for administration.
1. competent,
2. accepts the trust,
3. and gives bond as required by these rules.
Opposition
to
issuance
of
letters
1. Any person interested in a will may state in

writing the grounds why letters testamentary
should not issue to the persons named therein
Section 5.
7
Where some coexecutors disqualified

as executors, or any of them,

2.
opposition.
and the court, after hearing upon notice, shall

pass upon the sufficiency of such grounds.
3. A petition may, at the time, be filed for

letters of administration with the will
Section 5.
Hearing and order for letters to issue.
At the hearing of the petition, it must first be shown

that
1. notice has been given as hereinabove
annexed.
required,
Section 2.
Contents of petition for letters of
2. and thereafter the court shall hear the proofs of
administration. A petition for letters of administration
the parties in support of their respective
must be filed by an interested person and must show,
allegations,
so far as known to the petitioner:
3. and if satisfied that the decedent left no will,
(a) The jurisdictional facts;
4. or that there is no competent and willing
(b) The names, ages, and residences of the heirs,
executor,
and the names and residences of the creditors, of the
5. it shall order the issuance of letters of
decedent;
administration to the party best entitled
(c) The probable value and character of the property
thereto.
of the estate;
(d) The name of the person for whom letters of
Section 6.
When letters of administration granted
administration are prayed.
to any applicant.
a. Letters of administration may be granted to any
But no defect in the petition shall render void the

issuance of letters of administration.
qualified applicant,
b.
though it appears that there are other competent

persons having better right to the administration,
Section 3.
Court to set time for hearing. Notice
thereof.
c.
if such persons fail to appear when notified and

claim the issuance of letters to themselves.
a. When a petition for letters of administration is

filed in the court having jurisdiction,
RULE 80 Special Administrator
b. such court shall fix a time and place for

c.
hearing the petition,
Section 1.
and shall cause notice thereof to be given to
1. When
the
Appointment of special administrator.

there
is
delay
in
granting
letters
testamentary or of administration
2. by any cause including an appeal from the
1. known heirs
2. and creditors of the decedent,
3. and to any other persons believed to have
an interest in the estate, in the manner
allowance or disallowance of a will,

3. the court may appoint a special administrator to
take possession and charge of the estate of the
deceased until
provided in sections 3 and 4 of Rule 76.
the questions causing the delay are decided

and executors or administrators appointed.
Section 4.
Opposition to petition for administration.
Any interested person may,

a. by filing a written opposition,
b. contest the petition on the ground of the
Section 2.
any competent person or person named in the

8
of
special
chattels, rights, credits, and estate of the

deceased
b. and preserve the same for the executors or
right to the administration,

and may pray that letters issue to himself, or to
duties
a. take possession and charge of the goods,
letters are prayed therein,
c.
and
adminsitrator. Such special administrator shall
incompetency of the person for whom

or on the ground of the contestant's own
Powers
administrator afterwards appointed,

c.
and for that purpose may commence and
maintain suits as administrator.
any other time when required by the court;
d. He may sell only such perishable and other

property as the court orders sold.
e. A special administrator shall not be liable to
(d) To perform all orders of the court by him to be

performed.
pay any debts of the deceased unless so

ordered by the court.
Section 2.
Bond of executor where directed in will.
When further bond required.

Section 3.
When powers of special administrator
1. If the testator in his will directs that the
cease. Transfer of effects. Pending suits.
executors serve without bond, or with only his
1. When letters testamentary or of administration

are granted on the estate of the deceased,
2. the powers of the special administrator shall
cease,
3. and he shall forthwith deliver to the executor or
administrator the goods, chattels, money, and
estate of the deceased in his hands.
individual bond,
2.
he may be allowed by the court to give bond

in such sum and with such surety as the court
approves
3. conditioned only to pay the debts of the

testator;
4. but the court may require of the executor a
4. The executor or administrator may prosecute
further bond in case of a change in his
to final judgment suits commenced by such
circumstance, or for other sufficient case, with
special administrator.
the conditions named in the last preceding

section.
RULE 81 Bond of Executors and Administrators

Section 3.
Section 1.
Bond to be given issuance of letters.
Amount. Conditions.
1. Before an executor or administrator enters
upon the execution of his trust,
2. and letters testamentary or administration
Bonds
of
joint
executors
and
administrators. When two or more persons are

appointed executors or administrators the court
may take
1. a separate bond from each,
2. or a joint bond from all.
issue,
3. he shall give a bond, in such sum as the court
directs, conditioned as follows:
(a) To make and return to the court, within three (3)
Section 4.
Bond of special administrator. A
special administrator before entering upon the duties

of his trust shall
months, a true and complete inventory of all goods,
1. give a bond, in such sum as the court directs,
chattels, rights, credits, and estate of the deceased
2. conditioned that he will
which shall come to his possession or knowledge or to

the possession of any other person for him;
make and return a true inventory of the

goods, chattels, rights, credits, and
estate of the deceased which come to
(b) To administer according to these rules, and, if an
his possession or knowledge,
executor, according to the will of the testator, all goods,
and that he will truly account for such as
chattels, rights, credits, and estate which shall at any
are received by him when required by
time come to his possession or to the possession of
the court,
any other person for him, and from the proceeds to pay
and will deliver the same to the person
and discharge all debts, legacies, and charges on the
appointed executor or administrator,
same, or such dividends thereon as shall be decreed
or to such other person as may be
by the court;
authorized to receive them.
(c) To render a true and just account of his
RULE 82 Revocation of Administration, Death,
administration to the court within one (1) years, and at
Resignation, and Removal of Executors or
testamentary or of administration, or before his
Administrators
resignation or removal, shall have the like validity as

Section 1.
Administration revoked if will discovered.
Proceedings thereupon.
if there had been no such revocation, resignation,

or removal.
1. If after letters of administration have been

granted on the estate of a decedent as if he
Section 4.
Powers of new executor or administrator.
had died intestate,
Renewal of license to sell real estate.
2. his will is proved and allowed by the court,

3. the letters of administration shall be
a. The person to whom letters testamentary or of

administration are granted
revoked and all powers thereunder cease,

4. and the administrator shall forthwith surrender
b. after the revocation of former letters, or the

death, resignation, or removal of a former
the letters to the court,
executor or administrator,
5. and render his account with such time as the

c.
court directs.
6. Proceeding
for
the
issuance
of
letters
testamentary or of administration under the will
shall have the like powers to collect and settle

the estate not administered that the former
executor or administrator had,
d. and
shall be as hereinbefore provided.
may
prosecute
or
defend
actions
commenced by or against the former executor

accept
or administrator, and have execution on
resignation of executor or administrator. Proceeding
judgments recovered in the name of such
upon death, resignation, or removal.
former executor or administrator.
Section 2.
Court
may be
remove
or
The court may remove executor or administrator, or in
e. An authority granted by the court to the former

executor or administrator for the sale or
its discretion, may permit him to resign if he

1. neglects to render his account and settle the
mortgage of real estate may be renewed in

favor of such person without further notice
estate according to law,

2. or to perform an order or judgment of the court,
or hearing.
or a duty expressly provided by these rules,

3.
or absconds,
RULE 83 Inventory and Appraisal. Provision for
4. or becomes insane,
Support of Family
5. or
otherwise
incapable
or
insuitable
to
discharge the trust
Section 1.
Inventory and appraisal to be returned
within three months.

When an executor or administrator
1. Within three (3) months after his appointment
1. dies,
2. every executor or administrator shall return to
2. resign,
the court a true inventory and appraisal of all
3. or is removed
real and personal estate of the deceased
4. the remaining executor or administrator may
which has come into his possession or
administer the the trust alone,
knowledge.
5. unless the court grants letters to someone to

act with him.
6. If
there
is
3. In the appraisement of such estate, the court

may order one or more of the inheritance tax
no
remaining
executor
or
appraisers to give his or their assistance.
administrator, administration may be to any

suitable person.
Section 2.
Certain article not to be inventoried.
1. The wearing apparel of the surviving husband

Section 3.
Acts before revocation, resignation, or
or wife and minor children.,
removal to be valid. The lawful acts of an executor
2. the marriage bed and bedding,
or administrator before the revocation of his letters
3. and such provisions and other articles as will
10
necessarily be consumed in the substinence
Section 3.
Executor or administrator to retain whole
of the family of the deceased,
estate to pay debts, and to administer estate not willed.

An executor or administrator shall have
4. under the direction of the court,

a. shall not be considered as assets, nor
1. the right to the possession and management
administered as such,
of the real as well as the personal estate of the
b. and shall not be included in the inventory.
deceased
2. so long as it is necessary for the payment of
Allowance to widow and family. The
Section 3.
the
debts
and
the
expenses
of
administration.
widow and minor or incapacitated children of a

deceased person, during the settlement of the estate,
shall receive therefrom, under the direction of the court,
RULE 85 Accountability and Compensation of
such allowance as are provided by law.
Executors and Administrators
RULE 84 General Powers and Duties of Executors

and Administrators
Section 1.
Executor or administrator chargeable
with all estate and income. Except as otherwise

Section 1.
Executor
or
administrator
to
have
access to partnership books and property. How right
expressly provided in the following sections, every

executor or administrator
enforced.
1.
a. The executor or administrator of the estate of a
the estate of the deceased which has come
deceased partner shall at all times have
into his possession,
access to, and may examine and take copies

of,
books
and
papers
relating
to
2. at the value of the appraisement contained in
the
the inventory;
partnership business,
3. with all the interest, profit, and income of such
b. and make examine and make invoices of the
estate;
property belonging to such partnership;

c.
is chargeable in his account with the whole of
4. and with the proceeds of so much of the estate
and the surviving partner or partners, on
as is sold by him, at the price at which it was
request, shall exhibit to him all such books,
sold.
papers, and property in their hands or control.

d. On the written application of such executor or
Section 2.
Not to profit by increase or lose by
decrease in value.
administrator,
e. the court having jurisdiction of the estate may
a. No executor or administrator shall profit by the
order any such surviving partner or
increase, or suffer loss by the decrease or
partners to freely permit the exercise of the
destruction, without his fault, of any part of the
rights, and to exhibit the books, papers, and
estate.
property, as in this section provided,

f.
b. He must account for the excess when he sells any

part of the estate for more than the appraisement,
and may punish any partner failing to do so

for contempt.
Section 2.
Executor
c.
or
administrator
to
keep
buildings in repair. An executor or administrator

shall
and if any is sold for the less than the

appraisement, he is not responsible for the loss, if
the sale has justly made.
d. If he settles any claim against the estate for less
1. maintain in tenanble repair the houses and
than its nominal value, he is entitled to charge in
other structures and fences belonging to the
his account only the amount he actually paid on
estate,
the settlement.
2. and deliver the same in such repair to the heirs

or devisees when directed so to do by the
Section 3.
When not accountable for debts due
court.
estate. No executor or administrator shall be

accountable for debts due the deceased which remain
11
estate as comes into his possession and is finally
uncollected without his fault.
disposed of by him in the payment of debts,

Section 4.
Accountable for income from realty used
expenses, legacies, or distributive shares, or by
by him. If the executor or administrator uses or
delivery to heirs or devisees,
occupies any part of the real estate himself,
1. of two per centum of the first five thousand
1. he shall account for it as may be agreed upon
pesos of such value,
between him and the parties interested,
2. one per centum of so much of such value as
2. or adjusted by the court with their assent;
exceeds five thousand pesos
3. and if the parties do not agree upon the sum to
3. and does not exceed thirty thousand pesos,
be allowed, the same may be ascertained by
4. one-half per centum of so much of such value
the court, whose determination in this respect
as exceed one hundred thousand pesos.
shall be final.
Section 5.
c.
Accountable if he neglects or delays to
But in any special case, a greater sum may be

allowed where
raise or pay money. When an executor or
1. the estate is large,
administrator
2. and the settlement has been attended with
a. neglects or unreasonably delays to raise
great difficulty,
money,
3. and has required a high degree of capacity on
b. by collecting the debts or selling the real or
the part of the executor or administrator.

o
personal estate of the deceased,

c.
or neglects to pay over the money he has in his
If objection to the fees allowed be taken, the

allowance may be re-examined on appeal.
hands,
d. and the value of the estate is thereby lessened
d. If
or unnecessary cost or interest accrues,
there
are
two
or
more
executors
administrators,
the
compensation
shall
or
be
e. or the persons interested suffer loss,
apportioned among them by the court according to
f.
the same shall be deemed waste and the
the
damage sustained may be charged and
respectively.
allowed against him in his account, and he
services
actually
rendered
by
them
e. When the executors or administrator is an attorney,
shall be liable therefor on his bond.
he shall not charge against the estate any

professional fees for legal services rendered by
Section 6.
When allowed money paid as cost.
1. The amount paid by an executor or administrator
him.
f.
When the deceased by will makes some other
for costs awarded against him shall be allowed in
provision for the compensation of his executor, that
his administration account,
provision shall be a full satisfaction for his services
2. unless it appears that the action or proceeding in
unless by a written instrument filed in the court
which the costs are taxed was prosecuted or
he renounces all claim to the compensation
resisted without just cause, and not in good
provided by the will.
faith.
Section 8.
When executor or administrator to
allowed
render account. Every executor or administrator
executor or administrator. Not to charge for services as
shall render an account of his administration
attorney. Compensation provided by will controls
within one (1) year from the time of receiving
unless renounced.
letters testamentary or of administration, unless the
a. An executor or administrator shall be allowed the
court otherwise directs because of
Section 7.
What
expenses
and
fees
necessary expenses the care, management, and

settlement of the estate, and for his services, four
1. extensions of time for presenting claims

against,
pesos per day for the time actually and necessarily
2. or paying the debts of, the estate,
employed,
3. or for disposing of the estate;
b. or a commission upon the value of so much of the

12
4. and he shall render such further accounts as
the court may require until the estate is wholly
In the notice provided in the preceding section, the
settled.
court shall state

1. the time for the filing of claims against the
Section 9.
Examinations on oath with respect to
estate, which shall not be more than twelve
account The court may examine the executor or
(12) not less than six (6) months after the
administrator upon oath
date of the first publication of the notice.
a. with respect to every matter relating to any account
2. However, at any time before an order of
rendered by him,
distribution is entered,
b. and shall so examine him as to the correctness of

c.
a. on application of a creditor who has failed
his account before the same is allowed,
to file his claim within the previously
except when no objection is made to the
limited,
allowance of the account and its correctness is
b.
the court may, for cause shown and on
satisfactorily established by competent proof.
such terms as are equitable, allow such
d. The heirs, legatees, distributees, and creditors of
claim to be filed within a time not

exceeding one (1) month.
the estate shall have the same privilege as the

executor or administrator of being examined on
Publication of notice to creditors.
oath on any matter relating to an administration
Section 3.
account.
Every executor or administrator shall,

1. immediately after the notice to creditors is
Section 10.
Account to be settled on notice.
issued,
Before the account of an executor or administrator is
2. cause the same to be published three (3)
allowed,
weeks successively in a newspaper of
1. notice shall be given to persons interested of
general circulation in the province,
the time and place of examining and allowing
3. and to be posted for the same period in four
the same;
public places in the province and in two public
2. and such notice may be given personally to
places in the municipality where the decedent
such persons interested or by advertisement
last resided.
in a newspaper or newspapers, or both, as the

court directs.
Section 4.
Filing of copy of printed notice. Within
ten (10) days after the notice has been published

Section 11.
Surety on bond may be party to
accounting. Upon the settlement of the account of
and posted in accordance with the preceding section,

the executor or administrator shall
an executor or administrator, a person liable as surety
1. file or cause to be filed in the court a printed
in respect to such account may,
copy of the notice
1. upon application,
2. accompanied with an affidavit setting forth the
2. be admitted as party to such accounting.
dates of the first and last publication thereof

and the name of the newspaper in which the
same is printed.
RULE 86 Claims Against Estate

Section 1.
Notice to creditors to be issued by court.
Section 5.
Claims which must be filed under the
Immediately after granting letters testamentary or of
notice. If not filed, barred; exceptions.
administration, the court shall issue a notice
The following actions must be filed within the time
requiring all persons having money claims against the
limited in the notice otherwise they are barred
decedent to file them in the office of the clerk of said
forever.
court.
1. All claims for money against the decent,

arising from contract, express or implied,
Section 2.
Time within which claims shall be filed.
whether the same be due, not due, or

contingent,
13
2. all claims for funeral expenses and expense
and if there is a judgment for a deficiency,

after the sale of the mortgaged premises, or
for the last sickness of the decedent,
the property pledged, in the foreclosure or
3. and judgment for money against the decent,
other proceeding to realize upon the security,

o
Except:
he may claim his deficiency judgment in the
1.
manner provided in the preceding section
that they may be set forth as counterclaims in
or he may rely upon his mortgage or other
any action that the executor or administrator

may bring against the claimants.
2. Where
an
executor
or
security alone, and foreclosure the same at

administrator
any time within the period of the statute of
commences an action, or prosecutes an action
limitations,
and in that event he shall not be admitted as
already commenced by the deceased in his

lifetime,
a creditor, and shall receive no share in the
claims he has against the decedent,
distribution of the other assets of estate;
the debtor may set forth by answer the

3.
but nothing herein contained shall prohibit the
instead of presenting them independently
executor or administrator from redeeming the
to the court as herein provided,
property mortgaged or pledged, by

paying the debt for which it is held as
and mutual claims may be set off against

each other in such action;
security,
under the direction of the court, if the court
and if final judgment is rendered in favor

of
the
defendant,
the
amount
so
shall adjudge it to be for the best interest of
determined shall be considered the true
the estate that such redemption shall be
balance against the estate, as though
made.
the claim had been presented directly
before the court in the administration
Section 8.
proceedings.
against an estate. If the executor or administrator
Claims not yet due, or contingent, may be
has a claim against the estate he represents,
approved at their present value.
Claim of executor or administrator
a. he shall give notice thereof, in writing, to the

court,
Section 6.
o
Solidary obligation of decedent.
b. and
court
shall
appoint
special
in the adjustment of such claim, have
solidary with another debtor,

1. the claim shall be filed against the decedent as
the same power and be subject to the
if he were the only debtor,
same
2. without prejudice to the right of the estate to
liability
administrator
recover contribution from the debtor.
or
as
the
executor
general
in
the
settlement of other claims.

c.
the
administrator, who shall,
Where the obligation of the decedent is
The
court
may order
to
the
or
administrator
shall be confined to the portion belonging to him.
administrator necessary funds to defend
Mortgage debt due from estate.
pay
executor
In a joint obligation of the decedent, the claim
Section 7.
to
the
special
such claim.
A creditor holding a claim against the deceased
Section 9.
secured by mortgage or other colateral security, may
Notice to executor or administrator. A claim may be
1. abandon the security and prosecute his claim in

the manner provided in this rule, and share in the
general distribution of the assets of the estate;
2. or he may foreclose his mortgage or realize
upon his security,
by action in court, making the executor or
administrator a party defendant,
14
How to file a claim. Contents thereof.
filed by
1. delivering the same with the necessary vouchers
to the clerk of court and by serving a copy thereof
on the executor or administrator.
2. If the claim be founded on a bond, bill, note, or any
other instrument, the original need not be filed, but
a copy thereof with all indorsements shall be
attached to the claim and filed therewith.

3. On demand,
however,
of
the executor
or
Section 11.
Disposition of admitted claim. Any
administrator, or by order of the court or judge, the
claim
original shall be exhibited, unless it be list or
administrator
destroyed, in which case the claimant must
1. shall immediately be submitted by the clerk to the
accompany his claim with affidavit or affidavits
court who may approve the same without
containing a copy or particular description of the
hearing;
instrument and stating its loss or destruction.
entirely
by
the
executor
or
2. but the court, in its discretion, before approving

the claim, may order that known heirs, legatees, or
4. When the claim is due, it must be

supported by affidavit stating the amount
justly due,
admitted
devisees be notified and heard.

3. If upon hearing, an heir, legatees, or devisee
that no payments have been made thereon
opposes the claim, the court may, in its discretion,
which are not credited,
allow him fifteen (15) days to file an answer to the
and that there are no offsets to the same, to
claim in the manner prescribed in the preceding
the knowledge of the affiant.
section.
5. If the claim is not due, or is contingent, when

filed,
Section 12.
it must also be supported by affidavits stating

the particulars thereof.
When the affidavit is made by a person other
than the claimant, he must set forth therein
the reason why it is not made by the
Trial of contested claim.
a. Upon the filing of an answer to a claim,

b. or upon the expiration of the time for such filing,
c.
the clerk of court shall set the claim for trial with
notice to both parties.
d. The court may refer the claim to a commissioner.
claimant.
6. The claim once filed shall be attached to the
record
of
the
case in which the letters
testamentary or of administration were issued,
Section 13.
Judgment appealable. The judgment
of the court approving or disapproving a claim,

1. shall
although the court, in its discretion, and as a matter
be
filed
with
the
record
the
administration proceedings
of convenience, may order all the claims to be
2. with notice to both parties,
collected in a separate folder.
3. and is appealable as in ordinary cases.
Section 10.
of
Answer of executor or administrator.
A judgment against the executor or administrator
Offsets Within fifteen (15) days after service of a
shall be that he pay, in due course of administration,
copy of the claim on the executor or administrator, he
the amount ascertained to be due, and it
shall
1. shall not create any lien upon the property of

the estate,
1. file his answer admitting or denying the claim

specifically, and setting forth the admission or
2. or give to the judgment creditor any priority of
denial.
payment.
2. If he has no knowledge sufficient to enable him to

admit or deny specifically, he shall state such want
of knowledge.
Section 14.
3. The executor or administrator in his answer shall
answer, admits and offers to pay part of a

claim,
allege in offset any claim which the decedent

before death had against the claimant, and his
b. and the claimant refuses to accept the amount

offered in satisfaction of his claim,
failure to do so shall bar the claim forever.

4. A copy of the answer shall be served by the
executor or administrator on the claimant.
5. The court in its discretion may extend the time for
filing such answer.
15
Costs.
a. When the executor or administrator, in his
c.
if he fails to obtain a more favorable judgment,

he cannot recover costs,
d. but must pay to the executor or administrator

costs from the time of the offer.
1. Where an action commenced against the

deceased for money has been discontinued
Section 5.
2. and the claim embraced therein presented as

in this rule provided,
his
action
up
A mortgage belonging to the estate of a

deceased person, as mortgagee or assignee of the
3. the prevailing party shall be allowed the costs

of
Mortgage due estate may be foreclosed.
to
the
time
of
its
discontinuance.
right or a mortgage, may be foreclosed by the

executor or administrator.
Section 6.
Proceedings when property concealed,
embezzled, or fraudulently conveyed. If an executor

RULE 87 Actions By and Against Executors and
or administrator, heir, legatee, creditor or other

individual interested in the estate of the deceased,
Administrators
1. complains to the court having jurisdiction of the

Section 1.
estate that a person is suspected of having
Actions which may and which may not
concealed, embezzled, or conveyed away any of
be brought against executor or administrator.

o
the money, goods, or chattels of the deceased,
No action upon a claim for the recovery of

money or debt or interest thereon shall be
2. or that such person has in his possession or has
commenced against the executor or administrator;
knowledge of any deed, conveyance, bond,
but the following may be commenced against him
contract,
1. to recover real or personal property, or an
evidence of or tends or discloses the right, title,
or
other
writing
which
contains
interest, or claim of the deceased,
interest therein, from the estate,

2. or to enforce a lien thereon,
3. and actions to recover damages for an injury
The court may cite such suspected person to

appear before it any may examine him on oath on
to person or property, real or personal,.
the matter of such complaint; and if the person so

Executor or administrator may bring or
cited refuses to appear, or to answer on such
defend actions which survive. For the recovery or
examination or such interrogatories as are put to him,
protection of the property or rights of the
the court may
Section 2.
deceased, an executor or administrator may bring or
1.
punish him for contempt,
defend, in the right of deceased, actions for causes
2. and may commit him to prison until he submits

to the order of the court.
which survive.
Heir may not sue until shall assigned
The interrogatories put any such person, and his
1. When an executor or administrator is appointed
answers thereto, shall be in writing and shall be filed in
Section 3.
the clerk's office.
and assumes the trust,

2. no action to recover the title or possession of
lands or for damages done to such lands shall be
Section 7.
maintained against him by an heir or devisee
to render account.
3. until there is an order of the court assigning such
Person entrusted with estate compelled
a. The court, on complaint of an executor or

administrator,
lands to such heir or devisee

4. or until the time allowed for paying debts has
b. may cite a person entrusted by an executor or

administrator with any part of the estate of the
expired.
deceased to appear before it,

Section 4.
Executor
or
administrator
may
c.
and may require such person to render a full
compound with debtor. Within the approval of the
account, on oath, of the money, goods,
court, an executor or administrator may compound
chattels, bonds, account, or other papers
with the debtor of the deceased for a debt due, and
belonging to such estate as came to his
may give a discharge of such debt on receiving a just
possession in trust for such executor or
dividend of the estate of the debtor.
administrator, and of his proceedings thereon;

d. and if the person so cited refuses to appear
16
to render such account, the court may punish
b. and the deceased in his lifetime had made or
him for contempt as having disobeyed a
attempted such a conveyance, as is stated in the
lawful order of the court.
last preceding section,

c.
Embezzlement before letters issued
Section 8.
and the executor or administrator has not

commenced the action therein provided for,
a. If a person, before the granting of letters
d. any creditor of the estate may, with the
testamentary or of administration on the estate of
permission of the court, commence and
the deceased,
prosecute to final judgment, in the name of the
b. embezzles or alienates any of the money, goods,
executor or administrator, a like action for the
chattels, or effects of such deceased,
recovery of the subject of the conveyance or

attempted conveyance for the benefit of the
c. such person shall be liable to an action in favor of
creditors.
the executor or administrator of the estate for

double the value of the property sold,
e.
But the action shall not be commenced until
embezzled, or alienated, to be recovered for
the creditor has filed in a court a bond executed
the benefit of such estate.
to the executor or administrator, in an amount

approved by the judge, conditioned to indemnify
Section 9.
Property
fraudulently
conveyed
by
the executor or administrator against the costs and
deceased may be recovered. When executor or

administrator must bring action.
expenses incurred by reason of such action.

f.
Such creditor shall have a lien upon any
1. When there is a deficiency of assets in the
judgment recovered by him in the action for such
hands of an executor or administrator for the
costs and other expenses incurred therein as the
payment of debts and expenses of administration,
court deems equitable.
2. and the deceased in his lifetime had conveyed
g. Where the conveyance or attempted conveyance
real or personal property, or a right or interest
had been made by the deceased in his lifetime in
therein, or an debt or credit, with intent to defraud
favor of the executor or administrator,
his creditors or to avoid any right, debt, or duty;
the action which a credit may bring shall be in
3. or had so conveyed such property, right, interest,

debt or credit that by law the conveyance would
the name of all the creditors,

and permission of the court and filing of bond
be void as against his creditors,
as above prescribed, are not necessary.
4. and the subject of the attempted conveyance

would be liable to attachment by any of them in
RULE 88 Payment of the Debts of the Estate
his lifetime,
5. the executor or administrator may commence and
Section 1.
Debts paid in full if estate sufficient. If,
prosecute to final judgment an action for the
after hearing all the money claims against the estate,
recovery of such property, right, interest, debt, or
and after ascertaining the amount of such claims, it
credit for the benefit of the creditors;
appears that there are sufficient assets to pay the
6. but he shall not be bound to commence the

action unless on application of the creditors
debts, the executor or administrator pay the same

within the time limited for that purpose.
of the deceased, not unless
the creditors making the application pay
Section 2.
such part of the costs and expenses,
when provision made by will.
or give security therefor to the executor
1. If the testator makes provision by his will,
or administrator, as the court deems
2. or designates the estate to be appropriated for the
equitable.
payment
Part of estate from which debt paid
of
his
debts,
the
expenses
of
administration, or the family expenses,

Section 10.
When creditor may bring action. Lien for
costs.
the will;
a. When there is such a deficiency of assets,

17
3. they shall be paid according to the provisions of
4. but if the provision made by the will or the estate

appropriated, is not sufficient for that purpose,
1. But if the claim is not so presented, after having
such part of the estate of the testator, real or
become absolute, within said two (2) years, and
personal, as is not disposed of by will, if any
allowed,
shall be appropriated for that purpose.
2. the assets retained in the hands of the executor or

administrator, not exhausted in the payment of
Section 3.
Personalty first chargeable for debts,
claims, shall be disturbed by the order of the court
then realty.
to the persons entitled to the same;
a. The personal estate of the deceased not
3. but the assets so distributed may still be applied to
disposed of by will shall be first chargeable with the
the payment of the claim when established, and
payment of debts and expenses;
the creditor may maintain an action against
b. and if said personal estate is not sufficient for tat

purpose, or its sale would redound to the detriment
c.
the distributees to recover the debt,

4. and such distributees and their estates shall be
of the participants for the estate,
liable for the debt in proportion to the estate they
the whole of the real estate not dispose of by
have respectively received from the property of
will, or so much thereof as is necessary, may be
the deceased.
sold, mortgaged, or otherwise encumbered for that

purpose by the executor or administrator, after
Section 6.
obtaining the authority of the court therefor.
devisees, legalitees, or heirs have been possession.
d. Any deficiency shall be met by contributions in

accordance with the provisions of section 6 of this
Court to fix contributive shares where
a. Where devisees, legalitees, or heirs have
rule.
entered into possession of portions of the estate

b. before the debts and expenses have been settled
Section 4.
Estate to be retained to meet contingent
claims. If the court is satisfied that a contingent
and paid,
c.
and have become liable to contribute for the

payment of such debts and expenses,
claim duly filed is valid, it may

1. order the executor or administrator to retain in
d. the court having jurisdiction of the estate may, by
his hands sufficient estate to pay such
order for that purpose, after hearing, settle the
contingent claim when the same becomes
amount of their several liabilities, and order how
absolute,
much and in what manner each person shall
2. or if the estate is insolvent, sufficient to pay a
contribute,
portion equal to the dividend of the other
and
may
issue
execution
as
circumstances require.
creditors.
Section 5.
How
contingent
claim
becoming
Section 7.
Order of payment if estate insolvent If
absolute in two years allowed and paid. Action against
the assets which can be appropriated for the
distributees later.
payment of debts are not sufficient for that purpose,
a. If such contingent claim becomes absolute
the executor or administrator shall pay the debts
b. and is presented to the court, or to the executor or
against the estate, observing the provisions of Articles
administrator, within two (2) years from the time
1059 and 2239 to 2251 of the Civil Code. (concurrence
limited for other creditors to present their claims,
and preference of credit)
c. it may be allowed by the court if not disputed by

the executor or administrator and,
d.
if disputed, it may be proved and allowed or

disallowed by the court as the facts may warrant.
Section 8.
claims.
a. If there are no assets sufficient to pay the credits of

any once class of creditors
e. If the contingent claim is allowed, the creditor

shall receive payment to the same extent as the
b. after paying the credits entitled to preference over
other creditors if the estate retained by the

executor or administrator is sufficient.
18
Dividends to be paid in proportion to
it,
c.
each creditor within such class shall be paid a
dividend in proportion to his claim.
the creditors, as the circumstances of the estate

require and in accordance with the provisions of
d. No creditor of any one class shall receive any
this rule.
payment until those of the preceding class are

paid.
Section 12.
Section 9.
Orders relating to payment of debts
where appeal is taken. If an appeal has been taken
Estate of insolvent non-resident, how
disposed of.
from a decision of the court concerning a claim,
1. In case administration is taken in the Philippine of
the court may
the estate of a person who was at the time of his
1. suspend the order for the payment of the debts
death an inhabitant of another country,
2. or may order the distributions among the creditors
2. and who died insolvent,
whose claims are definitely allowed, leaving in the
3. his estate found in the Philippines shall, as far as
hands of the executor or administrator sufficient
practicable, be so disposed of that his creditors
assets to pay the claim disputed and appealed
here and elsewhere may receive each an equal
3. . When a disputed claim is finally settled the court
share, in proportion to their respective credits.
having jurisdiction of the estate shall order the

same to be paid out of the assets retained to the
Section 10.
When and how claim proved outside the
same extent and in the same proportion with the
Philippines against insolvent resident's estate paid.
claims of other creditors.
a. If it appears to the court having jurisdiction that

claims have been duly proven in another country
Section 13.
against the estate of an insolvent who was at
ordered.
the time of his death an inhabitant of the
1. If the whole of the debts are not paid on the first

distribution,
Philippines,
b. and that the executor or administrator in the
Philippines had knowledge of the presentation of
2. and if the whole assets are not distributed,

3. or other assets afterwards come to the hands of the
such claims in such country and an opportunity to

contest their allowance,
c.
When subsequent distribution of assets
executor or administrator,
4. the court may from time to time make further
the court shall receive a certified list of such
orders for the distributions of assets.
claims, when perfected in such country,

d. and add the same to the list of claims proved
Section 14.
Creditors to be paid in accordance with
against the deceased person in the Philippines so
terms of order. When an order is made for the
that a just distribution of the whole estate may be
distribution of assets among the creditors, the
made equally among all its creditors according to
executor or administration shall, as soon as the time of
their respective claims;
payment arrives, pay the creditors the amounts of their
e. but the benefit of this and the preceding sections

shall not be extended to the creditors in another
claims, or the dividend thereon, in accordance with the

terms of such order.
country if the property of such deceased person

there found is not equally apportioned to the
Section 15.
creditors residing in the Philippines and the other
or extended after notice, within what periods.
creditor, according to their respective claims.
(Reciprocity Rule)
Time for paying debts and legacies fixed,
On granting letters testamentary or administration

the
court
shall
allow
to
the
executor
or
administrator a time for disposing of the estate and

Section 11.
Order for payment of debts.
paying the debts and legacies of the deceased,
1. Before the expiration of the time limited for the
which shall not, in the first instance, exceed
payment of the debts,

2. the court shall order the payment thereof,
one (1) year;

o
but the court may, on application of the executor or
3. and the distribution of the assets received by the
administrator and after hearing on such notice of
executor or administrator for that purpose among
the time and place therefor given to all persons
19
interested as it shall direct, extend the time as the
and where a testator has not otherwise made
circumstances of the estate require
sufficient provision for the payment of such debts,
not exceeding six (6) months for a single
expenses, and legacies,
extension not so that the whole period allowed
to the original executor or administrator shall
or administrator
exceed two (2) years.
the court, on the application of the executor

and on written notice of the heirs, devisees,
and legatees residing in the Philippines,
Section 16.
Successor
of
dead
executor
or
may authorize the executor or administrator to
administrator may have time extended on notice within
sell, mortgage, or otherwise encumber so
certain period.
much as may be necessary of the real estate,
a. When an executor or administrator dies, and a new
in lieu of personal estate,
administrator of the same estate is appointed,
for the purpose of paying such debts,
b. the court may extend the time allowed for the
expenses, and legacies, if it clearly appears
payment of the debts or legacies beyond the
that such sale, mortgage, or encumbrance
time
would be beneficial to the persons interested;
allowed
to
the
original
executor
or
administrator,
c.
and if a part cannot be sold, mortgaged, or
not exceeding six (6) months at a time and not
otherwise encumbered without injury to
exceeding six (6) months beyond the time which
those interested in the remainder, the authority
the court might have allowed to such original
may be for the sale, mortgage, or other
executor or administrator;
encumbrance of the whole of such real estate,
d. and notice shall be given of the time and place

for hearing such application, as required in the
last preceding section.
or so much thereof as is necessary or

beneficial under the circumstances.
Section 3.
Persons interested may prevent such
sale, etc., by giving bond. No such authority to

RULE 89 Sales, Mortgages, and Other
sell, mortgage, or otherwise encumber real or
Encumbrances of Property of Decedent
personal estate shall be granted if any person

interested in the estate gives a bond, in a sum to be
Section 1.
fixed by the court, conditioned to pay the debts,
Order of sale of personalty.
1. Upon the application of the executor or
expenses of administration, and legacies within

such time as the court directs; and such bond shall be
administrator,
2. and on written notice to the heirs and other
for the security of the creditors, as well as of the

executor or administrator, and may be prosecuted for
persons interested,
3. the court may order the whole or a part of the
the benefit of either.
personal estate to be sold,

4.
if it appears necessary for the purpose of paying
Section 4.
When court may authorize sale of estate
debts, expenses of administration, or legacies, or
as beneficial to interested persons. Disposal of
for the preservation of the property.
proceeds. When it appears that the sale of the

whole or a part of the real or personal estate, will be
Section 2.
When
court
may
authorize
sale,
mortgage, or other encumbrance of realty to pay debts

and legacies through personalty not exhausted.
o
When the personal estate of the deceased is

not sufficient to pay the debts, expenses of
beneficial to the heirs, devisees, legatees, and other

interested persons,
1. the court may, upon application of the executor
or administrator
2. and on written notice to the heirs, devisees, and
administration, and legacies,
legatees who are interested in the estate to be
or where the sale of such personal estate may
sold,
injure the business or other interests of those

interested in the estate,
3. authorize the executor or administrator to sell the

whole or a part of said estate,
4. although not necessary to pay debts, legacies, or
20
expenses of administration; but such authority
the expenses of administration,
shall not be granted if inconsistent with the
the legacies, the value of the personal estate,
provisions of a will.
the situation of the estate to be sold,
5. In case of such sale, the proceeds shall be
mortgaged, or otherwise encumbered,
assigned to the persons entitled to the estate in

the proper proportions.
Section 5.
When
court
and such other facts as show that the sale,

mortgage, or other encumbrance is necessary
may
authorize
sale,
or beneficial.
mortgage, or other encumbrance of estate to pay debts
(b) The court shall thereupon fix a time and place
and legacies in other countries. When the sale of
for hearing such petition, and cause notice stating
personal estate, or the sale, mortgage, or other
the nature of the petition,
encumbrance of real estate is not necessary to pay
the reasons for the same,
the debts, expenses of administration, or legacies
and the time and place of hearing,
in the Philippines, but it appears from records and
to be given personally or by mail to the
proceedings of a probate court in another country that
persons interested,
a. the estate of the deceased in such other

country is not sufficient to pay the debts,
by publication or otherwise, as it shall deem
expenses of administration, and legacies
proper;
there,
b.
and may cause such further notice to be given,
(c) If the court requires it, the executor or
the court here may authorize the executor or
administrator shall give an additional bond, in such
administrator to sell the personal estate or to
sum as the court directs, conditioned that such
sell, mortgage, or otherwise encumber the real
executor or administrator will account for the proceeds
estate for the payment of debts or legacies
of the sale, mortgage, or other encumbrance;
in the other country, in same manner as for
(d) If the requirements in the preceding subdivisions
the payment of debts or legacies in the
of this section have been complied with, the court, by
Philippines.
order stating such compliance, may authorize the

executor or administrator to sell, mortgage, or
Section 6.
When
court
may
authorize
sale,
otherwise encumber, in proper cases, such part of the
mortgage, or other encumbrance of realty acquired on
estate as is deemed necessary, and in case of sale
execution or foreclosure. The court may authorize
the court may authorize it to be public or private, as
an executor or administrator to sell mortgage, or
would be most beneficial to all parties concerned. The
otherwise encumber real estate acquired by him on
executor or administrator shall be furnished with a
execution or foreclosure sale, under the same
certified copy of such order;
cicumstances and under the same regulations as
(e) If the estate is to be sold at auction, the mode of
prescribed in this rule for the sale, mortgage, or other
giving notice of the time and place of the sale shall be
encumbrance of other real estate.
governed by the provisions concerning notice of

execution sale;
Section 7.
Regulation for granting authority to sell,
(f)
There shall be recorded in the registry of
mortgage, or otherwise encumber estate. The court
deeds of the province in which the real estate thus
having jurisdiction of the estate of the deceased
sold, mortgage, or otherwise encumbered is situated,
may authorize the executor or administrator to sell
a certified copy of the order of the court,
personal estate, or to sell, mortgage, or otherwise
together with the deed of the executor or
encumber real estate, in cases provided by these rules
administrator for such real estate, which shall
and when it appears necessary or beneficial under
be as valid as if the deed had been executed
the following regulations.
by the deceased in his lifetime.
(a) The executor or administrator shall file a

written petition setting forth
the debts due from the deceased,
Section 8.
When court may authorize conveyance
of realty which deceased contracted to convey. Notice.

Effect of deed. Where the deceased was in his
21
estate,
lifetime under contract, binding in law, to deed real

property, or an interest therein, the court having
2. and after hearing upon notice, shall assign the
jurisdiction of the estate may,
residue of the estate to the persons entitled to
1. on application for that purpose, authorize the
the same, naming them and the proportions, or
executor or administrator to convey such

property according to such contract, or with
2.
parts, to which each is entitled,

3. and such persons may demand and recover their
such modifications as are agreed upon by the
respective
parties and approved by the court;
administrator, or any other person having the
and if the contract is to convey real property

to the executor or administrator, the clerk of
shares
from
the
executor
or
same in his possession.

4.
If there is a controversy before the court as to
court shall execute the deed. The deed
who are the lawful heirs of the deceased person
executed by such executor, administrator, or
or as the distributive shares to which each person
clerk of court shall be as affectual to convey
is entitled under the law, the controversy shall
the property as if executed by the deceased in
be heard and decided as in ordinary cases.
his lifetime;
3.
but no such conveyance shall be authorized
No distribution shall be allowed until the payment
until notice of the application for that purpose
of the obligations above mentioned has been
has been given personally or by mail to all
made or provided for,
persons interested, and such further notice
unless the distributees, or any of them, give a
has been given, by publication or otherwise,
bond, in a sum to be fixed by the court,
as the court deems proper;
conditioned for the payment of said obligations
4. nor if the assets in the hands of the executor or
within such time as the court directs.
administrator will thereby be reduced so as to

prevent a creditor from receiving his full debt
Section 2.
or diminish his dividend.
determined.
Section 9.
When court may authorize conveyance
of lands which deceased held in trust. Where the

deceased in his lifetime held real property in trust
for another person,
a. the court may after notice given as required in
the last preceding section,
b. authorize the executor or administrator to deed
Questions as to advancement to be
1. Questions as to advancement made, or alleged

to have been made, by the deceased to any heir
2. may be heard and determined by the court
having jurisdiction of the estate proceedings;
3. and the final order of the court thereon shall be
binding on the person raising the questions and on
the heir.
such property to the person, or his executor or

administrator, for whose use and benefit it was
so held;
Section 3.
By whom expenses of partition paid.
a. If at the time of distribution the executor or
c. and the court may order the execution of such
administrator has retained sufficient effects in
trust, whether created by deed or by law.
his hands which may lawfully be applied for

the expenses of partition of the properties
RULE 90 Distribution and Partition of the Estate
distributed,
b. such expenses of partition may be paid by such
When order for distribution of reside
executor or administrator when it appears
made. When the debts, funeral charges, and
equitable to the court and not inconsistent with
expenses of administration, the allowance to the widow,
the intention of the testator;
Section 1.
and inheritance tax, if any, chargeable to the estate in

accordance with law, have been paid,
1. the court, on the application of the executor or
administrator, or of a person interested in the
c. otherwise, they shall be paid by the parties in

proportion to their respective shares or interest in
the premises, and the apportionment shall be
settled and allowed by the court,
d. and, if any person interested in the partition does
22
not pay his proportion or share, the court may
and no sufficient cause being shown to the
issue an execution in the name of the executor
contrary,
or administrator against the party not paying the

sum assessed.
Section 4.
the court shall adjudge that the estate of the estate
Recording the order of partition of estate.
of the deceased in the Philippines, after the
Certified copies of final orders and judgments of the
payment of just debts and charges, shall escheat; and
court relating to the real estate or the partition thereof
shall, pursuant to law, assign
shall be recorded in the registry of deeds of the
1. the personal estate to the municipality or city
province where the property is situated.
where he last resided in the Philippines,

2. and the real estate to the municipalities or
cities, respectively, in which the same is
RULE 91 Escheats
situated.
When an by whom petition filed.
Section 1.
1. When a person dies intestate,
If the deceased never resided in the Philippines,
2. seized of real property in the Philippines,
the whole estate may be assigned to the respective
3. leaving no heir or person by law entitled to the
municipalities or cities where the same is located. Shall

estate shall be for the benefit of
same,
1. public schools,
4. the Solicitor General or his representative in
2. and public charitable institutions and centers in
behalf of the Republic of the Philippines, may file
said municipalities or cities.
a petition in the Court of First Instance of the

province where
a. the deceased last resided
The court, at the instance of an interested party, or on
b. or in which he had estate, if he resided out of
its own motion, may order the establishment of a

permanent trust, so that the only income from the
the Philippines,
5. setting forth the facts, and praying that the estate
property shall be used.
of the deceased be declared escheated.

Section 4.
Order for hearing. If the petition is
Section 2.
sufficient in form and substance, the court, by an
When and by whom claim to estate filed.
1. If a devisee, legatee, heir, widow, widower, or

other person entitled to such estate appears
order reciting the purpose of the petition,

1. shall fix a date and place for the hearing
and files a claim thereto with the court within
thereof, which date shall be not more than
five (5) years from the date of such judgment,
six (6) months after the entry of the order,

2. and shall direct that a copy of the order be
2. such person shall have possession of and title

to the same,
published before the hearing at least once
3. or if sold, the municipality or city shall be
a week for six (6) successive weeks in
accountable to him for the proceeds after
some
deducting reasonable charges for the care of
newspaper
of
general
circulation
published in the province, as the court shall be
the estate.
But a claim not made within the said time shall be
deem best.
forever barred.
Section 3.
Hearing
and
judgment.
Upon
Other actions for escheat. Until
satisfactory proof in open court on the date fixed in the
Section 5.
order that
otherwise provided by law, actions reversion or
1. such order has been published as directed
escheat of properties alienated in violation of the
2. and that the person died intestate, seized of
Constitution or of any statute shall be governed by
real or personal property in the Philippines,
this rule, except that the action shall be instituted in the
leaving no heir or person entitled to the same,
province where the land lies in whole or in part.
23

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4.

and the debts thereof paid,

SPECIAL PROCEEDINGS PART I

partnership shall be liquidated in the testate

RULE 73 Venue and Process

Process. In the exercise of probate

jurisdiction, Courts of First Instance may issue

1. to compel the attendance of witnesses or

Where estate of deceased persons

2. to carry into effect theirs orders and

a. If the decedents is an inhabitant of the

3. and all other powers granted them by law.

Philippines at the time of his death, whether a

a. If a person does not perform an order or

o will shall be proved,

judgment rendered by a court in the exercise

o his estate settled, in the Court of First

of its probate jurisdiction,

Instance in the province in which he

and imprisonment of such person until he

resides at the time of his death

performs such order or judgment, or is

if he is an inhabitant of a foreign country, the

which he had estate.

a. For purposes of settlement of his estate, a person

The court first taking cognizance of the

shall be presumed dead if absent and

settlement of the estate of a decedent, shall

unheard from for the periods fixed in the

exercise jurisdiction to the exclusion of all

entitled to the balance of his estate after

payment of all his debts.

The jurisdiction assumed by a court shall not

c. The balance may be recovered by motion in the

be contested in a suit or proceeding

so far as it depends on the place of

or of the location of his estate

except in an appeal from that court, in the

jurisdiction appears on the record.

Where estate settled upon dissolution of

Extrajudicial settlement by agreement

If the decedent left no will and no debts

2. and the heirs are all of age, or the minors are

a. When the marriage is dissolved by the death

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

representatives duly authorized for the purpose,

themselves as they see fit

b. and should they disagree, they may do so

three (3) months from the date of the last

in an ordinary action of partition.

4. If there is only one heir, he may adjudicate to

6. notice shall be published once a week for

himself the entire estate by means of an

three (3) consecutive weeks in a newspaper

affidavit filled in the office of the register of

of general circulation in the province,

and after such other notice to interest persons

The parties to an extrajudicial settlement, whether

a. The court may proceed summarily,

pending action for partition (3b), or the sole heir

b. without the appointment of an executor or

who adjudicates the entire estate to himself by

administrator, and without delay,

with and as a condition precedent to the filing of