Introduction

Definitions

 Civil action – sues another for enforcement or protection of right or prevention or redress of a
wrong. A formal demand of one’s legal rights in a court of justice in manner prescribed by court
or by law.
 Special Proceeding – remedy by which party seeks to establish a status, a right, or a particular
fact. Not accurate as a subspecie of action – since specpro refer to every other remedy
furnished by law while an action is an ordinary suit in a court of justice
o Action involved two parties while a spec pro – the remedy is generally granted upon
application or motion and formal pleadings are not usually required.

Nature

 Non-adversarial until case is concluded or transforms into adversarial when oppositors

General provision

 Rule 72 section 1 – not exclusive list – as long as remedy seeks establishment of right, status, or
a particular fact = SPecpro regardless if in the enumeration
 Others include:
o Summary proceeding under FC
o Actions in Family Courts act
o Proceedings under Child and youth
o Domestic adoption
o Etc

Section 2

 Like civil actions – rules must be liberally construed to promote objective of securing JUST
SPEEDY AND INEXPENSIVE DISPOSITION
 Requirement that no suit shall be filed or maintained between members of same family does
not apply since this is not a suit nor an ordinary action
 Requirement on certification against forum shopping - required as with provisions of ROC
requiring written explanation for non personal service and filing, filing fees since they do not
obstruct probate proceedigs. They are applicable to specpro

Settlement of Estate of Deceased Persons

In General, Venue, and Process

  When succession vests – 777 upon death of decedent; but nevertheless before actual
transmission, procedural guidelines must be observed Once complied, the rights of heirs
retroacts to time of of death of person whose estate settled
 Modes:
o Summary settlement of estate of small value
o Partition
o Settlement through letters testamentary or LOA with or without will annexed

Venue and Process

 Proceedings for settlement of estate

o Net estate must be ascertained by deducting all payable obligations and charges from
value of property owned dby deceased at time of death
o All donations subject to collation added to it
o Since estate determined, legitime can be established and donation can be ascertain if it
will not prejudice the legitime
 Jursidiction of settlement:
o MTC – if estate does not exceed 300k or 400k
o RTC – if estate exceed 300k or 400k
o In determining for settlement, neither residence nor citizenship is taken into account.
Only the gross value of estate delineates the juris
 Rule 73 section 1 relates to venue not jurisdiction
o Procedural matter – when it refers to decedent’s place or residence or location of
estate.
o In order to determine proper venue – look at the fact of residency in PH NOT
CITIZENSHIP
 If residing in PH at death – estate settled in place of residence
 If not residence – can be commenced any place where any of the decedent’s
properties are located
o To preclude multiple courts- specifies that first taking cognizance of estate shall exercise
EXCLUSIVE juri to exclusion
 Preference however given to testate proceedings than intestate
o But impropriety of venue may be raised in:
 Appeal from court in original case
 When want of juris appears on record of case
o What is residence – actual or physical residence
o Also if there is testate and intestate – intestate should be consolidated with testate and
the judge who is hearing the testate should continue hearing the case
 Extent of jurisdiction of PC
o Determine the heirs
o Make just and legal distribution of estate
o Approve sale of prop of deaceased person
 o Recognition of natural child
o Recognition of status of woman claiming legal wife
o Legality of disinheritance
o Pass upon validity of waiver of rights
o Those incidental or collateral.
o NOTE: some cases makes exception to rule that determination of heirship cannot be
made in ordinary action for recovery of ownership and possession
 Juris over questions of title to prop
o GR: PC cannot
o Ex: purpose of determining whether a prop should or should not be included in the
inventory. The PC may pass upon the title thereto but such is not conclusive and is
subject to the final decision in a sep action reg ownership
 Order of inclusion or exclusion merely provisional or interlock
 Exceptions to PC limited juris:
o Pass upon issue of ownership where interested parties are HEIRS who have appeared in
the proceeding and rights of third Parties not impaired
 Rule 73 Sec 2
o A creditor cannot sue the surviving sps in ordinary proceeding against conjugal prop
o Proper remedy is to file claim in settlement of estate of decedent – policy that upon
death of one spos the power of admin of surviving spouse ceases and is passed to admin
appointed by PC in settlement proceedings
 Settlement of CP
o Not necessary to file separate proceedings for proper disposition of estate – if both died
CP liquidated inT or I proceedings of either

Summary Settlement of Estates

Rule74

Section 1

 Extrajudicial settlemet by agreement

o ROC provided option without Court intervention – without obli to pay, heirs of age or
not are not bound to submit prop to judicial admin
 Requisites for EJS:
o Decedent died intestate
o No outsatanding debts
o Heirs are all of legal or rep
o Settlement made in PUBLIC Instrument
o Publication of EJS once a week for 3 weeks
o Filing of bond equivalent to value of personal prop posted with register of deeds
 EJS necessary that no will
 Affidavit of SA by sole heir
o Intestate
o Can oral partition be entered despite requisite of PI? YES – jurisprudence – since nothing
in law says that written inst essential req for validity of partition
o Written inst must be registered
 EJS on whom binding
o Those who did not participate nor have notice ARE NOT BOUND
o Publication of settlement not constructive notice to those who had no knowledge or not
part
 The requirement of publication geared for protection of creditors and not to
deprive heirs of their participation
o Last requisite is to simultaneously file a bond with and as condition precedence to filing
of PI
 Summary settlement of estates of small value
o GV of at most 10k
o Bond duly filed in amount fixed by court
o Proper hearing NOT LESS THAN 1 MONTH NOR MORE THAN 3 MONTHS
o MTC has jurisdiction
 EJS and Summary settlement of small value
o EJS no court intervention, value immaterial, allowed in Intestate only, no outstanding
debt, resorted by agreement, bond equivalent to value of personal prop
o SS – Judicial adjudication, GV not exceed 10k, allowed in both Testate and Intestate,
available even if there are debts, may be instituted by any interested party, and amount
bond determined by court
 Section 3 only when personal prop involved can bond be required
 Remedies of aggrieved after EJ or summary settlement:
o Threee instances:
 Undue deprivation of lawful participation
 Debts against estate
 Undue deprivation of lawful participation payable in money
o An heir who was able to participate has TWO YEARS after settlement and distribution to
assail its validity.
o Action for reconveyance prescribes 10 years being implied trust
o Action or defense for declaration of inexistence of contract does not prescribe
o Those which are absolutely simulated or fictitious are void

Production of Will

Production of will; allowance necessary

 Kinds of wills
 o Conveyance person permitted
o First is notarial will
o Holographic will
 Interpretation of wills
o Uncertainty on face of will as to application of provisions – testator’s intentions
ascertained from words of will taking into consideration the circumstances under which
it was made. Such construction as will sustain and uphold the will in all its parts must be
adopted
o Will expresses manner which person intends to be disposed – thus must be strictly
followed.
o Cannot be subject of compromise
 Allowance of will is conclusive to due execution
o Probate of will required before provisions may be carried out
o Probate is judicial act whereby instrument adjudged valid and is ordered to be recorded
 To settle all questions concerning capacity and proper executions and
witnessing of act
 Binds the whole world that the will was exec according to formalities
o Allowance only conclusive to due execution bc auth limited to ascertaining whether
testator being of sound mind freely exec the will acc to formalities
 The formalities complied
 Capacity
 Will is genuine
o EXCEPTION to general rule on only extrinsic is in Nuguid – when intrinsic passed upon
because of practical considerations
 Probate is mandatory
 Nature:
o In rem
 Effect of probate:
o Once allowed – RJ applies
o Cannot question in subsequent proceeding the questions answered even in crim action
for forgery of will or voluntariness
 PC do not look at intrinsic validity; exceptions:
o When will void on face value
o Practical considerations (nuguid – parent preterited)
 Duties of Custodian
o Custodian – one who receives will with knowedge – by accepting –
 Mere possession not make holder custodian
 Custodian is chosen by testator in advance and entrusted with custody of will by
mutual agreement
 Creates a bailor-bailee relationship – keep and preserve and not reveal contents
anytime.
  It is only when the custodian agrees to obligate oneself when one must disclose
possession and present it to court upon probate
 Duties of executor
o Executor – given 20 days from knowledge of death or knowledge of being named as
executor to present will to court having juris
o Exec given same period to signify IN WRITING the acceptance and refusal of trust
 Compliance
o Person may be imprisoned for failure or neglect to submit will to court – penal nature
o Mandamus cannot be availed to compel another person to produce will since there is
another PSA remedy – Rule 75 remedies

Probate of Will

Allowance or disallowance

 When will may be probated

o GR after death
o Also if the testator himself files for probate
 Ratio: Lessen contest on will, far easuer to determine condition
 Who may file petition:
o Executor, devisee, legatee, any other person interested in estate, testator himself
o GR: cannot be barred by laches and not prescribe
 Join will barred
 Contents of petition:
o Testators death
o Testators residence
o Place where testator left estate
o That will has been delivered to court and is in possession thereof
o Value of estate to determine the court juris
 Jurisdictional facts
o Fact of death
o Residence at time of death
o Or if he is inhabitant of a foreign country
o Names of heirs and addresses are required to be stated in petition to determine who
are entitled to notice and manner of notice
 How juris acquired
o Two ways:
 Attachment of copy of will to petition
 Delivery of will to court
o Orig copy of will need not be attached for petition for probate – enough na copy lang
o If will delivered to court – court may MP take steps to fix time and place for proving the
will and issue notices
 Mere delivery of will sufficient
 Notice of hearing
o Court has to comply with two obli:
 Fix time and place for proving the will when all concerned may appear to
contest its allowance
 Cause the notice of time and place to be published for three consec weeks in
newspaper of GC in prov
 When settlement proceeding initiated by persons other than testator – court required to send
notice of time and pace of hearing to designated or other known heirs, legatees and devisees
who are residents to PH
o Only known HLD are required to be notified by court
o If notice through personal service – PARTIES MUST BE NOTIFIED at leas TEN DAYS before
hearing
o When testator files petition – ONLY COMPULSORY HEIRs are notified – henc
epublication dispensed with
 Petitioner should present:
o Evidence that order of court fixing time and place for proving the will has been
published for three successive weeks prior to time appointed
o Evid that notice served upon HLD 20/10 days prior
o If pet not exec, evid that notice served on executor if place of resid known
o Testi of subscribing witnesses in support of will
 Proof of notice and publication
o Compliance with required publication may be proveed by showing affidavit of
publisherand copies o f newspaper
o Court not compelled to dismiss petition if fails to require petitioner to show proof of
notice
 Required testi:
o GR if not contest – only one witness sufficient
 In notarial will – testi of one witnesses to will
 Holographic –testi of one sufficient if know the handwriting and signature
 Court may resort to expert testi if there is a competent person who can testify
 Proof of lost or destroyed will
o Proved by photocopy of the same coupled with testi of the subscribing witness
o GR: HW – presented – ratio is no other – will cannot be probated since evid is
handwriting
o Pero pwede photocopy if
 Exec and validity established
 Must be in existence at time of death or shown to have been fraudulently or
accidentally destroyed
 Provisions clearly and distinctly proved by at lesaat 2 credible witnesses
 o When will proved lost- provisions must distinctly stated and ceritified by judge under
seal of court
 Testi of witnesses other than subscribing
o Instances:
 Subscribing insane
 Subscribing dead
 Non in PH
o Depostion resorted if deponent lives at least 100 km
 Contesting a will
o Grounds must be stated in written opposition
o On order to be allowed to intervene must have interest in estate or will or property
 When will contested – all subscribing witness as well as notary must testify in provate
proceedings; on HW – at least three witnesses on handwriting
 Grounds for disallowance:
o Legal formalities
 Not executed and attested as req by law
o Testamentary capacity
 Testator insane or otherwise mentally incapable to make will at time of exec
o Due execution
 Exec under duress or influence of fear or threats
 Procured undue and improper pressure and influence
 Signature by fraud or trick and did not intend instrument be his will
 Formal requisites 804 to 819
o Follows notarial
 Must be in writing and exec in language known to testator
 Subscribed at end as a rule by testator himself
 At least 3 witnessees must attest and subscribe
 Testator and witness must sign each and every page except the last on left
margin
 Pages of will numbered
 Attestation must state
 Number of pages
 Fact testator signed the will and every page in presence of witnesses
 Testator and witnesses must acknowledge athe will before notary public
o Notwithstanding – if substantially coplied in absence of BF forgery fraud or UIP and
Influence
o HW:
 Must be in writing and exec in language known to testator
 Entire written dated and signed
 Testamentary capacity
o Determined at tine will executed and no other
 o Even if testator becomes insane after he exec will – insanity shall not nullify the will
o Will cannot be validated if person who execs gain capacity later on
o TC is the capacity to know:
 Nature of estate to be disposed of
 Objects of bounty
 Character of Testamentary act
 Substantive requirements
o TC and intent
 Due execution
o Voluntariness to dispose of estate
 Certificate of allowance
o Once will admitted ff:
 Judge shall issue COA of will signed by judge and attested by seal of court
 Clerk record and file the COA
 Will recorded in Reg of deeds of province where land located

Rule 77

 Will proved outside PG may be allowed here

o Will must be reprobated in PG to effectuate its provisions
 Reprobate is a special proceeding to est validity of will proved in foreign country
 Petition for allowance of a will already admitted into probate in another country should be
accompanied by authenticated copy of will and an authenticated decree of the allowance
 Petitioner must present the evid before reprobate:
o Due exec of will in acc with foreign laws
o Testator has his domicile in foreign country and not inPH
o Will admitted to probate in such country
o Fact that foreign tribunal is probate court
o Laws of a foreign country on procedure and allowance of wills
 Ff requisites must be proved before a will proved abroad may be allowed in PH:
o Testator was domiciled in a foreign country
o Will admitted to probate in such country
o Foreign court Is under the laws of said foreign country, a probate court with jurisdiction
over proceedings
o Proof of compliance with law on probate procedure
o Legal requirements in said foreign country for the valid execution of will complied with
o Filing petition in PG with copy of will and of its decree of allowance
o Notice and Hearing
 Domiciliary admin no power in prop outside PG by virtue of will.
 Admission of FW to probate effects:
o Court gran Letters testamentary or LOA with will annexed
o Said letters extend only to testators estate in PH
 o Estate disposed of following the will after just debts and expenses of admin paid
o Residue disposed of as provided for estates

Letters Testamentary and of Administration Executors and Administrators

Letters testamentary and of Administration when and to whom issued

 Executor and administrator

o Executor – person nominated by testator in will to carry out his direction and request
thereof and to dispose of property according to his testamentary provisions after his
death
o Administrator – erson appointed by Court to administer and settle intestate estate and
testate estate where no executor named or when exec incompetent, refuses or fails to
give bond
 Executor – required to present within 20 days the will
 Who are incompetent
o At least 18 YO
o Resident of PH
o Deems eperson fit
o If not legal capacity to enter into contracts
o Also unfit:
 Drunkenneses
 Improvidence
 Want of understanding or integrity
 Conviction offense of moral turpitude
 When exec dies his exec cannot administer the estate of first testator
o Court appoint administrator de bonisnon as new admin
 Authority issued by court
o If court admits to probate it may issue either of the ff
 Letters testamentary
 Letters of Admin with will annexed – if exec named refuses to accept or
incompetent or fails to pay bond
 Letters of admin
o Testator not prohib from nominating more than one person as executor
 Coexec- exercise joint admin
 Order of preference
o Surviving spouse
o Next of Kin
o Persons requested by the surviving spouse or next of kin
o Principal creditors
o Other persons selected
 Interested party
 o One who would be benefited in the estate – such as an heir or one claiming against
estate
 Next of Kin
o Heir – relationship entitled to share in estate as distributed
 Court may appoint creditors when the next kin:
 Incompetent or unwilling
 Neglects for 30 daus to apply for admin

Opposing Issuance of Letters Testa

 Interested person who stands to be benefited or has claim material and direct
 Oppositor need not be qualified as admin
 Publication and notice jurisdictional
o Fix time and place of hearing
o Cause notice and pace of hearing given to
 Decedents known heirs
 Known creditors
 Believed to ha ve interest in estate

Special Admin

 Nature of Office
o Subject to supervision and control and expected to work for best interest of entire
estate
o Justified if there is delay in grantring Letters testamentary or admin
o Appointment interloctutory and not appealable challenged through 65
o Not empowered to pay debts
 Appointed when:
o There is delay in granting by any cause
o When exec or admin is claimant against the estate he represents

Bond required

 Bond required is for benefit of heirs creditors and estate

o Answers for admin or executors failure to fullfull conditions
o First conidition: admin or exec submit true and complete inventory of prop

Revocation of admin, death and resignation

 Two instances when court may revoke:

o Decedents will discovered and admitted to provate
o LOA illegaly issued or issued without juris
 Revocation produces:
o All powers cease
 o Admiin surrender the letters to court
o Render account within time given
o Proceedings for issuance of letters testa or admin follows
 Removal or resignation:
o Letters of admin should not have been issued in the first place
o Revoked – circ existing prior to issuance
o Can if:
 Neglect to render ones account and settle case
 Neglect to perform order or judgment of court
 Abscond
 Becomes insane or otherwise incapable or unsuitable of discharging trust
o Not exclusive – court justified in removing if loses confidenence
o Resignation:
 SSubmit resignation letter
 Prepares inventory
 Acts before revoke removal valid
o Removal of one not extend to other
 New admin or exec given the power
o Collect and settle
o Prosec or defend
o Exec judgments
 Inventory and appraisal support for family
o Rule obligates submit inventory of estate within 3 months
o Widow and minor or incap entitled to allowance
 Nature of eadvance payments of share of estate
 Does not encumber decedents prop
 Also allowed even if liab exceed value of estate since it refers to surviving share
in conjugal prop

Powers duties accountability

 Access and take copies of books and papers

 One may examine and make invoices of the property belonging to partnership
 Partner may have the ff obli
o Exhibit to the executor or admin on athe latters request etc
o Freely permit the exercise of rights and exhibit
 Exec and admin only powers of admin
o Maintain in tenantable repair
o Possess and amanage the decedent’s real and personal prop as may be necessary
 POWERS:
o Possess and manage estate of deceased to pay debts and expenses of admin
 o Executor or administrator of estate of a deceased partner – have access to examin and
take copies
o To compound or compromise with debtor of deceased
 Duties:
o Maintian the estate in tenantable repair
o Deliver the same to heirs or devisees when directed

Accountability and compensation

 E/A accountable for whole estate of decendent

o Not accountable for those that does not come into possession unless with negligence
 E/A render account withi n 1 year from time receiving letters

Claims against estate and actions by and against Executors and Administratros

Claims against estate

 Court issue a notice:

o Requiring all persons with money claims against estate
o File them in office of clerk of court
 Claim need not be in any particular form 0 suf if it states the character and amount of claim
 Purpose: protect estate of deceased
 Types of claims that may be filed
o Money claims are allowed on Rule 86 but not all money claims may be prosec under said
rule
 Only those contracted before the decedent’s death may be brought under rule
86
 Claim include every species of liability
o Claims after death may be allowed at expense of admin
o Claims for taxes whether before or after can be collected from heirs even after
distribution of properties in prop to their share of inheritance
o Creditor claim vs conjugal partnership – claim against estate
 Availing of writ of exec is improper remedy for payment of debts and expenses of admin
 Claims must be claimed 6-12 months from first publication of notice. Equitable allow claim filed
within time not exceeding 1 month
o Statute of non claims
 Period not less than 6 months nor more than 12 months
 Mandatory and cannot be shortened
 SUpersudes SOL
o What must be filed
 Claims for monet against decedent arising from contract express or implied due
or contingent
 Claims for funeral expenses and expenses for last sickness of decedent
  Judgment for money against decedent
 Ordinary action for collection not allowed
 Contingent claims – claims which liab depends on some future event that may or may not
happen
o Does not follow temporary orders of dismissal of an action upon which it is based
 Claims surviving death
o Estate of accused in case of contract
o Executor or admin in case of L QC QD
 Judgment for money
o When F and E, Exec not proper remedy – file claim before probate court
o Mandamus not proper remedy since not matter of right
 Secured creditor – options
o Abandon security and prosecute claim against estate and share in general distribution
o Foreclose mort or realize upon security by court action and file contingent claim for
deficiency
o Rely solely on mort and foreclose at any time within SOL
 Procedure for filing claims:
o Claim delivered with necessary voucher to clerk of court
o Copy served on exec or admin
o If claim founded on instrument, must attach to claim and filed therewith
o If claim due, affidavit supporting such must be filed which state
 Amount justly due
 No payments made which are not credited
 There are no offsets to same
o If claim not due or is contingent – must be supported by affidavits stating its particulars
o When a person other than claimant makes affidavit, reasons why it is not made by
claimant must be stated
o Voucher – affidavit to be submitted by claimant
 On claims founded on written docs, orig need not be filed upon submission of affidavit
o Suffices that copy of written doc is attached to the claim and filed with court
o If orig lost or destroyed – furnish a copy of affid with desc of instrument and state its
lost pr destruction
 15 days after service of claim on exec – file answer admitting or denying claim
o If no knowledge sufficient to admit or deny- state suc want of knowledge
o Judgment of court approving or disapproving claim shall be appealable – included
among orders or judgments from which appeals may be taken
 Actions by and against the exec and admin
o Recovery of real and personal prop
o Enforcement of lien on r o p
o Recovery of damages for injury to person prop whether real or personal
 Heir may not sue until share assigned
 When can they file actions:
o Pedning filing of admin proceedings
o Admin proceedings have already been commenced but admin not yet apppinted
o Executor pr admin unwilling or refuses to bring suit
o Executor or admin alleged to have participated in act complained and he is made [arty
defendant
 An exec or admin may commence and prosec to final judgment action for recovery of prop right
interest or debts and credit for benefit of creditors when:
o Deceased converted real or personal prop
o Conveyance made
 With intent to defraud
 Avoid any right debt or duty
 Subject of conveyance would be liable to attachment
o There is deficienc of assets
 When creditor may bring action
o There is deficiency of assets
o The deceased in his lifetime had made or attempted such a conveyance with intent to
defraud creditors or to avoid any right debt or duty
o The executor or administrator has not commenced the action provided in section 9
o Creditor has filed a bond executed to the executor or admin in amount approved by
judge

Payment of debts of the estate and sales and mortgages and other encumbrance of property of
decedent

Payment of debts of estate

 Following requisites must concur:

o Heaeing conducted
o Amounts of such claims are ascertained
o There are sufficient assets to pay debt
 Order of preference for payment of debt
o Portion or property designated by will
o From personal prop
o From real prop
 Exceptions when realty may be charged first
o When personal prop insufficient
o When sale of personal prop detrimental to particiaptns of estate
o When sale of personal prop injurious to business or interest of those interested
o When testator has not made sufficient provisio for payment of such debts expenses and
legacies
 o When decedent in his lifetime under contract binding in law to deed real prop to
beneficiary
o When decedent during lifetime held real prop in trust for another
 Before that must comply
o E r A makes application with court
o Written notice given to persons interested
o Hearing by the court
 When writ of exec may issue
o Legacy is not debt of estate
o Only where DLH have entered into possession of their respective portions in estate prior
to settlement and payment of debts
 Contingent claim
o Duly filed within 2 year period allowed for creditors to present claims
o Court satisfied claim valid
o Clai has become absolute
 When appealis taken
o Suspend order for payment of debts
o Order distribution among creditors whose claims are definitely allowed leaving in hands
of executor or administrator suff assets to pay claim disputed and appealed
 Once settled – court order same paid out of assets retained to same extent in same proportion
with claims of other creditors

Rule 89

 Exec prohibited from selling personal prop of decedent without court order even if the heirs and
other persons interested have consented thereto\
o It is essential that E or A applies for such sale with court and give notice to jirs and other
persons interested

Distribution and Partition

 Distribution of prop can only be made

o After all debts fcharges expenses of admin, allowance to widow and estate tax have
been paid
o Before payment of said obli, only if the distributes or any of them gives a bond in a sum
fixed by the court conditioned upon the payment of said obligations within such time as
the court directs or when provision is made o met oblu
o Reesidue may be distributed thereto
 Liquidation
o Two requisites for distribution of estate
 Liquidation
 Declaration of heirs
o Net estate ascertained by deducting all payable obli and charges
 Project of partition
o End of proceedings –
o PC loses jurisdiction of an estate under admin only after the payment of all debts and
the remaining estate delivered to heirs entitled to receive the same
 An heir of deceased may sell undivided or ideal share during pendency of proceedings without
prior approval of court – he being a coowner with other heirs
 Court approval only necessary if specific prop sold
 Remedy of heir not given:
o Motion in same provate or admin proceedings
o Motion to reopen settlement proceedings
 Should not file an independent action in another court or judge
 Reopen can be within 15 days or before order becomes final
 Remedy of preterited heir
o To reopen 0 orescrited period is 10 years being an obli created by law
o Also can file independent suit against parties and all other heirs
 Instances where court may issue writ of exec
o To satisy contributive shares of devisees egatees heirs
o To enforce payment of expenses of partition
o To satisfy costs when person is cited for exam in probate proceedings