dun Pag stay nya, di makatulong na mabayaran ung utang ng decedent
Expenses for administration
Allowance for widow Funeral expenses
Rule:
Hindi magdistribute ng estate prior to
payment of all charges of the estate
ER:
if there is sufficient residual assets
Very important, ang administrator, di
nya pede ideliver ang property sa heir pag walang order ni court
Also, before such properties of the
estate may be distributed, all charges to the estate must be paid first
If sufficient bond was filed
The only exception is when it is allowed by court upon showing that there is sufficient residual assets and that there was a sufficient bond that was filed Ricardo Silverio vs CA What happens in liquidation Facts An administrator of the estate of the deceased allowed one of the heirs to occupy one of the properties of the deceased and use it as residence
RTC ordered that various properties of
the decedent be sold including the subject property
Idetermine jan lahat ng assets ng
estate, jan din bayaran lahat ng debts and expenses
Powers of the probate court
1. 2. 3. 4.
A question was asked whether or not
the administrator was right in allowing that heir to be in possession of that property
Declare who are the heirs
Distribute the estate Determine the proportion each distributee is entitled to Hear and determine advanced inheritance
Advanced inheritance pag may questions ng advanced inheritance
Ruling Answer is no.
Idenerecho sa probate court
Because that can be done only through
an order of the court
As far as the person raising the
question and heirs
According to the rules, distribution of
the estate shall not be allowed until the obligations or charges to the estate had been paid.
That decision of the probate court is
final and binding as to them
The only exception is when the heir
files sufficient bond to be fixed by court
Corazn Gregorio vs Madarang
A person died leaving properties
One of his son receive from him by way
of donation six parcels of land
Wag antaying maging final, kasi
maging binding yan
The son argued those lands cannot be
included in the estate as they were given to him during the lifetime of his parents
Judgment in rem ito
Question is, can the probate court hear
and determine issue of this nature?
Pag nagging final na itong decree of
distribution, di na pedeng questionin nung project of partition
Unless no jurisdiction, final and binding
na ito if not timely appealed
Answer is, yes.
For purposes of collation, the probate court is allowed to hear and determine which property should be included in inventory of the properties of the decedent The decision in this matter, if arrived at, is final and binding upon the person who questions it and the heirs
Kanino ibayad yung expenses for
partition? Kay executor or administrator, subject to rule on equity and consistent with the intention of the testator
Ano effect ng final decree of distribution?
Magkaron sila ng title to the land or estate distributed to them Pag may error sa decision, pede mag appeal
Kelan mawalan si probate court ng jurisdiction
over the esate under administration Pag bayad na lahat ng utang ng estate And the residue was delivered to persons entitled to receive it Yng finality of project of partition, di dyan magwakas ang jurisdicition ng probate court