CONTENTS

BONDS ................................................................................... 2
NOTICE REQUIREMENTS ..................................................... 4
PUBLICATION REQUIREMENTS ........................................... 6
VENUE/JURISDICTION .......................................................... 7
SPECIAL PERIODS ................................................................ 8

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BONDS

BOND WHEN AMOUNT CONDITIONS LEGAL BASIS

Distributees, or Before distribution Sum to be fixed by the Payment of said obligations within such SEC.1, RULE 90
any of them before payment of the court time as the court directs
estate obligations
Guardians Before guardian enters Sum as the court 1. To make and return to the court, SEC. 1, RULE 94;
upon the execution of directs within three (3) months, a true and SEC. 14, RGM
his trust complete inventory of all the
estate, real and personal, of his
ward which shall come to his
possession or knowledge or to the
possession or knowledge of any
other person for him;
2. To faithfully execute the duties of
his trust, to manage and dispose of
the estate according to these rules
for the best interests of the ward,
and to provide for the proper care,
custody, and education of the
ward;
3. To render a true and just account
of all the estate of the ward in his
hands, and of all proceeds or
interest derived therefrom, and of
the management and disposition
of the same, at the time
designated by these rules and such
other times as the court directs;
and at the expiration of his trust to
settle his accounts with the court
and deliver and pay over all the
estate, effects, and moneys
remaining in his hands, or due
from him on such settlement, to
the person lawfully entitled
thereto;
4. To perform all orders of the court
by him to be performed.
Parents who act Such amount as the Guarantee the performance of the SEC. 16, RGM
as guardians in court may determine, obligations prescribed for general
case the actual but in no case less than guardians.
income or the 10% of such property
market value of or annual income A verified petition for approval of the
the property of bond should be filed
the child exceeds
50,000
Additional bond Shall serve as security for the proper SEC. 4, RULE 95;
of guardians that appropriation of proceeds of the sale or SEC. 22, RGM
the court may encumbrance of the ward’s property
require if deemed
expedient
Self-adjudicating Simultaneously with Amount equal to the Conditioned upon the payment of any SEC.1, RULE 74
heir and as a condition value of the personal just claim that may be filed within 2
precedent to the filing property involved as years after such self-adjudication
of the affidavit certified under oath by
him.
Heirs party to an Simultaneously with Amount equal to the Conditioned upon the payment of any SEC.1, RULE 74
extrajudicial and as a condition value of the personal just claim that may be filed within 2
partition precedent to the filing property involved as years after such self-adjudication
of the public certified under oath by
instrument, or him.
stipulation in the action
for partition
Executor or Before entering upon Such sum as the court 1. To make and return to the court, SEC. 1, RULE 81
Administrator the duties of his trust directs within three (3) months, a true and
complete inventory of all goods,

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 BOND WHEN AMOUNT CONDITIONS LEGAL BASIS
chattels, rights, credits, and estate of
the deceased which shall come to
his possession or knowledge or to
the possession of any other person
for him;
2. To administer according to these
rules, and, if an executor, according
to the will of the testator, all goods,
chattels, rights, credits, and estate
which shall at any time come to his
possession or to the possession of
any other person for him, and from
the proceeds to pay and discharge
all debts, legacies, and charges on
the same, or such dividends thereon
as shall be decreed by the court;
3. To render a true and just account of
his administration to the court within
one (1) year, and at any other time
when required by the court;
4. To perform all orders of the court by
him to be performed.
Special Before entering upon Such sum as the court Conditioned that he will make and SEC. 4, RULE 81
Administrator the duties of his trust directs return a true inventory of the goods,
chattels, rights, credits, and estate of the
deceased which come to his possession
or knowledge, and that he will truly
account for such as are received by him
when required by the court, and will
deliver the same to the person
appointed executor or administrator, or
to such other person as may be
authorized to receive them.
Trustee Before entering on the Amount fixed by the Payable to the government and SEC. 5, RULE 98
duties of the trust judge of said court sufficient and available for the SEC. 6, RULE 98
protection of any party in interest

Conditioned on the following:

1. That the trustee will make and return
to the court, at such time as it may
order, a true inventory of all the real
and personal estate belonging to
him as trustee, which at the time of
the making of such inventory shall
have come to his possession or
knowledge;
2. That he will manage and dispose of
all such estate, and faithfully
discharge his trust in relation
thereto, according to law and the
will of the testator or the provisions
of the instrument or order under
which he is appointed;
3. That he will render upon oath at
least once a year until his trust is
fulfilled, unless he is excused
therefrom in any year by the court, a
true account of the property in his
hands and of the management and
disposition thereof, and will render
such other accounts as the court
may order;
4. That at the expiration of his trust he
will settle his accounts in court and
pay over and deliver all the estate
remaining in his hands, or due from
him on such settlement, to the
person or persons entitled thereto.

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NOTICE REQUIREMENTS
CAVEAT: Not exhaustive

NOTICE OF WHAT TO WHOM WHEN LEGAL BASIS

Notice of Hearing Application for extension of time for All persons interested SEC. 15, RULE 88
disposing of the estate and paying
the debts and legacies
Notice of Hearing Application for extension of time of All persons interested SEC. 16, RULE 88
time for payment of debts and
legacies in case the original
executor dies
Notice of Hearing Application for assignment of the SEC. 1, RULE 90
residue of the estate to the persons
entitled
Notice of Hearing Petition for the appointment of a All persons mentioned SEC. 8, RGM
general guardian in the petition,
including the minor if
he is 14 years of age
or over
Notice of Hearing Petition for the appointent of a All persons mentioned SEC. 3, RULE 93
guardian for an incompetent in the petition residing
in the province,
including the
incompetent himself
Notice Discharge from further liability of All interested persons SEC. 15, RGM
the sureties of the guardian’s (of a
minor) old bond upon the posting
of a new bond [if no injury may
result therefrom to those interested
in the property]
Notice of Hearing Application of the guardian for Relatives of the ward SEC. 17 RGM
authority to consent to a partition of RULE 96
real or personal property owned by
the ward jointly or in common with
others
Notice Guardian Before removal SEC. 24, RGM
SEC. 2, RULE 97
Notice of Hearing Petition for judicial determinatin of Guardian of the person SEC. 1, RULE 97
competency of the guradian so declared
incompetent and the
ward
Notice of Hearing Petition for the allowance of will Designated or other At least 20 days before SEC. 4, RULE 76
not filed by the testator known heirs, legatees the hearing by mail.
and devisees of the Personal service at
testator resident in the least 10 days before
Philippines, at their the hearing is
places of residence if equivalent to mailing
such places of
residence be known
Executor, if not the
petitioner
Person named as
coexecutor not
petitioning
Notice of Hearing Petition for the allowance of will Only to compulsory At least 20 days before SEC. 4, RULE 76
filed by the testator heirs the hearing by mail.
Personal service at
least 10 days before
the hearing is
equivalent to mailing

Notice of Hearing Petition for letters of administration Served personally or by SEC. 3, RULE 79
mail to known heirs
and creditors and to
any other persons
believed to have an
interest in the estate

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 NOTICE OF WHAT TO WHOM WHEN LEGAL BASIS
Notice of Hearing Allowance of account of an Persons interested SEC. 10, RULE 85
[personally or by executor or administrator
advertisement in a
newspaper/s, or both,
as the court directs]
Notice Filing of money claims against the All persons having Immediately after SEC. 2, RULE 86
estate in the office of the clerk of money claims against granting letters
court the decedent testamentary or of
administration
Notice of Hearing Petition for appointment of a trustee All persons Interested SEC. 1, RULE 98
Notice of Hearing Petition of parties beneficially Trustee SEC. 8, RULE 98
interested to remove a trustee
Notice Removal of the court of a trustee All persons interested Before removal SEC. 8, RULE 98
who is insane or otherwise
incapable of discharging his trust or
evidently unsuitable therefor
Notice of Hearing Petition for authority to sell or SEC. 9, RULE 98
encumber any real or personal
estate held in trust
Copy Order fixing the date and time of Served on the person SEC. 2, RULE 101
hearing on the Petition for the alleged to be insane,
hospitalization of an insane person and to the one having
charge of him, or on
such of his relatives
residing in the province
or city, as the judge
may deem proper
Notice of Hearing Petition for the appointment of a Served upon the At least 10 days befor SEC. 4, RULE 107
representative or for the declaration known heirs, legatees, the hearing
of absence and the appointment of devisees, creditors, and
a trustee or administrator other interested
persons

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PUBLICATION REQUIREMENTS
CAVEAT: Not exhaustive

WHAT WHEN WHERE LEGAL BASIS

Copy of Order fixing time and place At least once a week for 6 Newspaper of general circulation SEC. 2, RULE 91
of Hearing on Petition for Escheat consecutive weeks published in the province, as the
court shall deem best
Notice of Hearing on the Petition for SEC. 12, RGM
guardianship of a minor residing
outside the Philippines; but notice
may be given thru other means, as
the court deems proper
Notice of Hearing on Petition for At least once a week for 3 Newspaper of general circulation in SEC. 2, RULE 74
Summary Settlement of Estate consecutive weeks the province
Fact of Extrajudicial Settlement At least once a week for 3 Newspaper of general circulation in SEC. 1, RULE 74
consecutive weeks the province
Notice of Hearing on Petition for 3 consecutive weeks successively, Newspaper of general circulation in SEC. 3, RULE 79
Letters of Administration previous to the time appointed the province
Notice of Hearing on Petition for 3 consecutive weeks successively, Newspaper of general circulation in SEC. 3, RULE 76
Allowance of Will previous to the time appointed the province
Notice requiring all persons having 3 weeks seccessively In a newspaper of general SEC. 3, RULE 86
money claims against the decedent to circulation
file their claims in the office of the
clerk of court
Copy of Order fixing time and place At least once a week for 3 Newspaper of general circulation in SEC. 3, RULE 103
of Hearing on Petition for Change of consecutive weeks the province, as the court shall
Name deem best
Copy of Petition for Change of first At least once a week for 2 Newspaper of general circulation SEC. 5, RA 9048
name or nickname consecutive weeks
Notice of Hearing on Petition for At least once a week for 3 Newspaper of general circulation in Sec. 4, RULE 108
Cancellation or Correction of Entry consecutive weeks the province
inunder Rule 108
Notice of Hearing on Petition for the Once a week for 3 consecutive Newspaper of general circulation in SEC. 4, RULE 107
appointment of a representative or weeks prior to the time designated the province or city where the
for the declaration and appointment for the hearing absentee resides, as the court
of a trustee or administrator deems best.
Copy of Order fixing time and place At least once a week for 3 Newspaper of general circulation in
of Hearing on Petition for Adoption successive weeks the province or city where the
court is situated

The newspaper shall be selected by

raffle under the supervision of the
Executive Judge

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VENUE/JURISDICTION
SPECIAL PROCEEDING VENUE JURISDICTION
Settlement of the Estate of a Residence of the decedent; if non-resident, place MTC if the gross value of the estate does not
Deceased Peron where he had estate. exceed 300,000, or does not exceed in Metro
Manila; RTC if over the limit
Escheat Residence of the decedent; if non-resident, place RTC
where he had estate.
In reversion, place where the land lies in whole or
in part.
Appointment of Guradians Residence of minor; if non-resident, place where Family Court
he his property or part thereof is situated.
Residence of incompetent; if non-resident, place RTC
where he his property or part thereof is situated.
Appointment of Trustees Where will was allowed; or where the property or RTC
portion thereof affected by the trust is situated
Adoption Domestic: residence of adopter; Family Court
Inter-country: residence of adoptee or where he Family Court or ICAB
may be found; or ICAB
Rescission of Adoption Residence of adoptee Family Court
Habeas Corpus If filed with the RTC, where detainee is detained SC, CA, RTC, MTC in the case there is no RTC
judge, Sandiganbayan in the aid of its appellate
jursidiction
For the custody of minors, residence of minor or Family Court, CA, SC
where he may be found
Habeas Data Where the petitioner or respondent resides, or that RTC; may be filed with the SC, CA or
which has jursidiction over the place where the Sandiganbayan, when the action concerns public
data or information is gathered, collected, or data files of government offices
stored, at the option of the petitioner
Amparo Where the threat, act or omission was committed RTC, Sandiganbayan, CA, SC or any justice thereof
or any of its elements occured
Change of Name Rule 103: residence of petitioner RTC
Change of First Name RA 9048: Local Civil Registrar or nearest Philippine
1. Local civil registry where the record sought to Consulate
be changed is kept
2. Local civil registry of the place of residence of
the interested party , if the petitioner migrated
to another place in the Philippines and it is
impractical to file it in person in the former
3. Nearest Philippine Consulate for non-
residents
Appointment of Residence of absentee before disappearance RTC
Representive/ Declaration of
Absence
Cancellation/correction of Rule 108: where the corresponding civil registry is RTC
entries located
RA 9048: Local Civil Registrar or nearest Philippine
1. Local civil registry where the record sought to Consulate
be changed is kept
2. Local civil registry of the place of residence of
the interested party , if the petitioner migrated
to another place in the Philippines and it is
impractical to file it in person in the former
3. Nearest Philippine Consulate for non-
residents

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SPECIAL PERIODS

PROCEEDING WHAT PERIOD NOTE

Extrajudicial Settlement of
Estate of Deceased
Extrajudicial Settlement of
Estate of Deceased
Extrajudicial Settlement of
Estate of Deceased
Extrajudicial Settlement of
Estate of Deceased
Allowance of Will
Allowance of Will
Letters of Administration
Letters of Testamentary or
Administration
Guardianship
Letters of Testamentary or
Administration
Guardianship
Claims against the Estate
Settlement of Estate
Presumption that decedent left
no debts if no creditor files a
petition for letters of
administration
Liability of Bond of Distrubutees
Prescription of recovery of share
of excluded heir based on
constructive or implied trust
Filing of claim by a minor,
mentally incapacitated, or is in
prison, or is outside the
Philippines
Delivery of will by custodian to
the court having jurisdiction or
executor named in the will
Presentation of will to the court
having jurisdiction; acceptace or
refusal of the trust
Spouse, next of kin of testator
should apply for administration or
request that administration be
granted to some other person
Return of Inventory to the Court
Account of administration
Statute of Non-claims
Disposition of estate and
payment of debts and legacies
2 years after the death
decedent
2 years after the settlement and
distribution
10 years
In case of fraud, 4 years from the
discovery of fraud
Within 1 year after disability is
removed
Within 20 days after he knows of
the death of the testator
Within 20 days after he knows of
the death of the testator, ow 20
days after he knows that he is
named executor
Within 30 days after the death of
the testator
Within 3 months from
appointment
Within 3 months from
appointment; annually after
appointment; whenever required
upon the application of an
interested person
Within 1 year, and at any other
time when required by the court
Annually after appointment;
whenever required upon the
application of an interested
person
Period fixed by the court, which
shall not be more than 12 months
nor less than 6 months after the
date of the first publication of the
notice
Shall not exceed 1 year
of
Bond remains charged within the
period, notwithstanding any
transfers of real estate that may
have been made
This would be from the date of
registration of the partition
agreement because such
registration is constructive notice
to the world
Failure to comply results in the
issuance of the Letters of
Administration to one or more of
the principal creditors of the
testator, if competent and willing
to serve
Fact that an inventory is filed after
the 3-month period does not
deprive the probate court of
jurisdiction to approve it.
Unless the court otherwise
directs because of extensions of
time for presenting of claims
against, or paying the debts of,
the estate, or for disposing the
estate
At any time before an order of
distribution is entered, on
application of a creditor who has
failed to file a claim may, for
cause shown and on such terms
as are equitable, allow such claim
to be filed within a time not
exceeding 1 month
But the court may, on application
of the executor or administrator,
after hearing and notice, extend
time as the circumstances require
not exceeding 6 months for

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 PROCEEDING WHAT PERIOD NOTE
single extension nor so that the
whole period allowed to the
original executor shal exceed 2
years
Settlement of Estate Extension for disposition of estate Not exceeding 6 months at a
when executor or administrator time and not exceeding 6 months
dies and a new administrator is beyond the time which the court
appointed may have allowed to such
original executor or administrator
Escheat Filing of claim 5 years from the date the
property was delivered to the
state
Guardianship Reporting of property of ward not Within 3 months after discovery,
included in the inventory later succession, acquisition
discovered, succeeded to, or
acquired
Adoption Supervised trial custody At least 6 months
Adoption Rescission Within 5 years after reaching age
of majority; if incompetent at the
time of adoption, within 5 years
after recovery from such
incompetency
Change of name Residency requirement of Bona fide residence in the
petitioner province where petition is filed
for at least 3 years
RA 9048 Impugning the decision of City or 10 working days from receipt Failure on the part of the Civil
Municipal Civil Registrar Registrar General to impugn such
within the period will result in the
decision becoming final and
executory

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