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1. Which court has jurisdiction over probate proceedings?

2. State the rule on venue in judicial settlement of estate of deceased


person

3. Are there exceptions to the rule that the estate should be judicially
administered?

4. Distinguish extra judicial settlement under sec. 1 from summary


settlement of estate of small value under sec. 2 of Rule 74.

5. If a person had no knowledge or had not participated in the extrajudicial settlement he is bound thereby by reason of constructive notice
of publication.

6. Does a will have force and effect even if not probated?

7. Can the widow and her children initiate a separate petition for partition
of the estate pending the probate of the last will and testament by the
court?

8. The general rule provides that a probate court cannot decide a question
of title of ownership, are there any exceptions where it can pass upon
the question of title to property?

9. Discuss the principle of exclusionary rule in probate proceedings

10.What are the requisites in order that a lost or destroyed will be allowed?

11.Who are incompetent to serve as executors or administrators?

12.Differentiate an executor from administrator

13.Give the order of preference in granting letters of administration under


sec. 6 if no executor is named in the will or the executor is incompetent,
refuses the trust, or fails to give bond or a person dies intestate.

14.Who may file a petition for letters of administration?

15.Enumerate the contents of petition for letters of administration

16.Differentiate administrator from special administrator

17.When a will is later discovered, what will happen to the letters of


administration previously granted?

18.Would the discovery of the will ipso facto nullify the letters of
administration already issued?

19.General powers and duties of administrators and executors?

20.What are the remedies to collect attorneys fees in estate proceedings?

21.Is the estate of the deceased person burdened with lien of creditors?

22.What is the so-called statute of non-claim?

23.What is the period wherein which the claim must be filed?

24.What is the rationale in fixing the period to claim against the estate?

25.Is an extension of a given period allowed?

26.As a general rule, a probate court has no jurisdiction to entertain a


claim in favor of the estate against a third person as the same must be
the subject of an ordinary action. Cite the exception to this rule.

27.Under this rule, what action may be commenced against the executor
and administrator?

28.As a rule, heirs have no standing in court to sue for the recovery of the
estate represented by an executor or administrator during pendency of
administrative proceedings. Cite any exceptions if any.

29.Does the probate court have the power to issue writ of execution to pay
claims?

30.Is an heir or distribute liable for outstanding claims against the estate?

31.When must the order for distribution of residue be made?

32.Who is the real party in interest in all actions for the reversion to the
government of lands of the public domain?

33.What is the concept of escheat?

34.As a rule, escheat is proper when there is no will left by the decedent.
Cite an instance where an escheat proceeding is proper even if the
decedent died testate?

35.Give the proper venue for the following special proceedings:


A petition to declare as escheated a parcel of land owned by a resident of
the Philippines who died intestate and without heirs or persons entitled
to the property.

36.Give the rationale of the 5 year limitation to bar person from claiming
property already escheated to the government.

37.What is the consequence if the claim on the escheated property is made


after the lapse of the 5 year period?

38.Can a trial court convert an escheat proceeding into an ordinary special


proceeding?

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