Afos, Jan Aldrin E.

Succession 6th of October, 2018

1.) Petition for Probate

a.) The purpose of this petition is to comply with Art. 838 of the New Civil
Code which provides that no will shall transfer real or personal
property unless it be allowed by a competent court. Thus, this petition
is to seek the approval of the will from the court in order to execute its
purpose.
b.) The jurisdictional facts that must be alleged in the petition are:

-the death of the testator;

-his residence at the time of death;
-the names, ages, and residences of the heirs, legatees, and divisees;
-probable value and character of the estate property;
-name of the person from whom the letters are prayed; and
-name of the person having custody of the will if it has not been
delivered to the court

c.) The jurisdiction over a petition for probate shall depend upon the
value of the estate. Under the present governing law which is B.P.
129, if the value of the estate exceeds 300,000 Pesos then the
Regional Trial Court shall have jurisdiction over the petition, 400,000
Pesos if within Metro Manila. The venue shall be wherever the
properties may be situated.

d.) The judge shall determine the extrinsic validity of the will, the
soundness of mind of the petitioners, and ascertain that the will was
duly executed.

2.) Petition for Letters of Administration

a.) A Petition for Letters of Administration is filed by a person who

wishes to be appointed by the court as an administrator if:
1.) The deceased died intestate;
2.) When the will is void;
3.) When the executor or previously appointed administrator
refuses to do his obligations;
4.) When the executor or previously appointed administrator is
incapable of carry out the trust given to him.

b.) An administrator is one who is appointed by the court to

administer, liquidate, and distribute the estate of the deceased
Afos, Jan Aldrin E. Succession 6th of October, 2018

while an executor is one who is appointed by the testator himself

in the will.

c.) The duties of an executor or administrator in the management of

the estate include;
-to make an inventory of all the properties of the deceased in his
possession or of those in which he has knowledge;
-to maintain the properties in tenantable repairs for as long as it is
under his possession
-to maintain and commence actions to preserve the property if
necessary;