SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
SETTLEMENT OF ESTATE OF
DECEASED PERSONS
Modes of settlement of estate
 Summary settlement of estate of small value
 Partition
 Settlement through letters testamentary or letters of
administration with or without the will annexed
VENUE AND PROCESS (RULE 73)
Section 1
Jurisdiction over settlement of estate
 MTC (first level court) – gross value does not exceed
P300,000 of P400,000 (Manila)
 RTC – exceeds P300,000 of P400,000 (Manila)
Venue
 Decedent’s last place of residence
 If not a resident, in any place where any of the decedent’s
properties are located
Once the court assumes jurisdiction, it shall not be contested so far as
it depends on the decedent’s place of residence or the location of the
estate. EXPN: (1) in an appeal from the court, in the original case, or
(2) when the want of jurisdiction appears on the record.
Objection to improper venue should be made in a motion to dismiss,
and before movant submits himself to the jurisdiction of the probate
court.
Testate proceedings take precedence over intestate proceedings over
the same estate. The instestate case should be consolidated with the
testate proceeding and the judge assigned to the testate proceeding
should continue hearing the two cases. However, in the case of
Uriarte v CFI, the court ruled that the private respondents should
have submitted the decedent’s will for probate either on motion in
the pending intestate proceedings or as a separate proceeding.
Principle of exclusionary rule
The court with whom the petition is first filed, must also first take
cognizance of the settlement of the estate in order to exercise
jurisdiction over it to the exclusion of all other courts.
In the case of Cuenco v CA, the court ruled that the court where the
intestate proceeding was filed may decline to take cognizance of the
petition and hold the petition before it in abeyance, and instead defer
to the second court which has before it the petition for probate of the
decedent’s alleged will.
It should be noted that in the Uriarte case, the petitioner knew of the
fact that an intestate proceeding was first filed, while in the Cuenco
case, the petitioner had no knowledge of an existing intestate
proceeding
Extent of jurisdiction of probate court
A probate court acting as such exercises limited jurisdiction
 Administration, liquidation, and distribution of the estate
 It has the authority to:
o Determine the heirs
o Make a just and legal distribution of the estate
 It is within the jurisdiction of the probate court:
o To approve the sale of properties of a deceased
person by his prospective heirs before final
adjudication
o The recognition of a natural child
o Status of a woman claiming to be the legal wife of
the decedent
o Legality of disinheritance of an heir by the testator
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o To pass upon the validity of a waiver of hereditary
rights
 It extends to matters incidental or collateral to the settlement
and distribution of the estate
o Determination of the status of each heir
o Whether the property included in the inventory is
conjugal or exclusive property of the deceased
spouse
Heirs of Ypon v Ricaforte
The determination of who are the decedent’s lawful heirs must be
made in the proper special proceeding for such purpose, and not in
an ordinary suit for recovery of ownership and/or possession.
Milagros Joaquino v Lourdes Reyes
Matters relating to the rights of filiation and heirship must be
ventilated in the proper probate court in a special proceeding
instituted precisely for the purpose of determining such rights.
EXPN:
(1) when the parties in the civil case had voluntarily submitted the
issue to the trial court and already presented their evidence regarding
the issue of heirship and the RTC had consequently rendered
judgment thereon,
(2) when a special proceeding had been instituted but had been
finally closed and terminated, and hence cannot be reopened
Jurisdiction over questions of title to property
As a general rule, a probate cannot court cannot adjudicate or
determine title to properties claimed to be a part of the estate and
equally claimed as belonging to outside parties.
EXPN: The probate court may pass upon the title thereto but such
determination is not conclusive and is subject to the final decision in
a separate action regarding ownership, which may be instituted by
the parties. In other words, questions of title may be passed on
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
provisionally, but the final determination of the ownership of the
property must be threshed out in a separate vicil action and not in the
probate court.
Pacioles, Jr. vs Chuatoco-Ching
Issue: May a trial court, acting as an intestate court, hear and pass
upon questions of ownership involving properties claimed to be part
of the decedent’s estate.
Held: NO. The general rule is that the jurisdiction of the trial court
either as an intestate or probate court relates only to matters having
to do with the settlement of the estate and probate of will of deceased
persons but does not extend to the determination of questions of
ownership that arise during the proceedings.
A well-recognized deviation to the rule is the principle that an
intestate or a probate court may hear and pass upon questions of
ownership when its purpose is to be determine whether or not a
property should be inclined in the inventory. The adjudication is
merely incidental and provisional.
It should be noted that when a question arises as to ownership of
property alleged to be part of the estate of the deceased person, but
claimed by some other person to be in his property, not by virtue of
any right of inheritance from the deceased but by title adverse to that
of the deceased and his estate, such question cannot be determined in
the course of an intestate or probate proceedings.
Exceptions to probate court’s limited jurisdiction
The probate court may pass upon the issue of ownership where the
interested parties are the heirs who have appeared in the proceeding
and rights of third parties are not impaired. In addition, without
prejudice to the rights of third parties, all the parties may consent to
the probate court passing upon the ownership of a property subject of
probate proceedings.

Aranas vs Mercado
Issue: Did the RTC have the authority to order the inclusion of the
Badian Porperty in the inventory in the course of the intestate
proceedings of Emigdio.
Held: YES. All properties, whether real and personal properties,
should be included in the inventory of the deceased. However, the
word “all” in Section 1, rule 83 is qualified by the phrase which has
come into his possession or knowledge, which signifies that
properties must be known to the administrator to belong to the
decedent or are in her possession as the administrator.
Section 2
A creditor cannot sue the surviving spouse of a decedent in an
ordinary proceeding for collection of sum of money chargeable
against the conjugal property. The proper remedy is to file a claim in
the settlement of the estate if the decedent.
Settlement of conjugal property
It is not necessary to file a separate proceeding in court for the proper
disposition of the estate of the deceased husband or wife. If both
spouses have died, the conjugal partnership shall be liquidated in the
testate or intestate proceedings of either.
Section 3 and Section 4
Presumption of death for purposes of succession
There is no independent action for the declaration of presumptive
death, EXCEPT that a spouse may seek the declaration of
presumptive death of his or her spouse for the purpose of remarriage
under the Family Code.
Absence of seven (7) years, it being unknown whether or not the
absentee lives, is sufficient for the presumption of death to arise for
all purposes except for succession.
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
Absence of ten (10) years is necessary for purposes of opening up
the absentee’s succession. Nevertheless, absence of five (5) years is
enough if the absentee disappeared after the age of 75.
Absence of four (4) years is adequate for the presumption of death
to arise in the following situations:
 A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing
 A person in the armed forces who has taken part in war, and
has been missing
 A person who has been in danger of death under other
circumstances and his existence has not been known for four
years
A person who was erroneously declared presumptively dead, either
because the absentee appears or the fact that the absentee is alive is
proved, may recover one’s property in the condition it may be found
and the price of the property that may have been alienated or
property acquired with such sums, but the fruits and rents may not be
recovered.
SUMMARY SETTLEMENT OF ESTATES (RULE 74)
Section 1
Extrajudicial settlement by agreement
In cases where the heirs disagree as to the partition of the estate and
no extrajudicial settlement is possible, then an ordinary action for
partition MAY be resorted to. Where the more expeditious remedy of
partition is available to the heirs, then the heirs or majority of them
may not be compelled to submit to administration proceedings.
Requisites for extrajudicial settlement
 Decedent died intestate
 There are no outstanding debts at the time of settlement
 SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas

 Heirs are all of legal age or minors represented by judicial Requisites:

guardians or legal representatives
 The settlement is made in a public instrument or by means of
an affidavit, in case of a sole heir, duly filed with Register of
Deeds
 Publication of the extrajudicial settlement in newspaper of
general circulation in the province once a week for three
consecutive weeks
 Filing of a bond equivalent to value of personal property
posted with Register of Deeds
Of the heirs disagree on how they will distribute the decedent’s
estate, their remedy would be to file an ordinary action for Partition
Failure to file the extrajudicial settlement or the affidavit of self-
adjudication does not affect its validity when there are no creditors
or when no rights of creditors are involved
 The complaint must allege that the gross value of the estate
of the deceased does not exceed P10,000.00
 A bond has been duly filed in an amount fixed by the court
 A proper hearing is held not less than 1 month nor more than
3 months from the date of last publication of notice
Third person may claim title and ownership against the decedent in
the summary proceedings. It is not proper to delay the summary
settlement of a deceased person just because an heir or a third person
claims that certain properties do not belong to the estate but to some
other person. Such claim must be ventilated in an independent action,
and the probate court should proceed to the distribution of the estate,
if there are no other legal obstacles to it, for after all, such
distribution must always be subject to the results of the suit. For the
protection of the claimant the appropriate step is to have the proper
annotation of lis pendens entered.

Registration, therefore, notifies third parties who wish to acquire the Extrajudicial Settlement Summary Settlement
property that is subject to an encumbrance of two years, counted No court intervention required Judicial adjudication although
form the date of distribution of the estate to the heirs. summary
The value of the estate is Gross value of the estate must
Compliance with the publication requirement does not bind persons immaterial not exceed P10,000.00
who have not participated in or who had no notice of the Allowed only in intestate Allowed in both testate and
extrajudicial settlement succession intestate
There must be no outstanding Available even if there are
Extrajudicial settlement – on whom binding debts at the time of the debts; it is the court which will
The publication of the settlement does not constitute constructive settlement of the estate make provision for its payment
notice to the heirs who had no knowledge or did not take part in it Resorted to at the instance of May be instituted by any
because the same was noticed after the fact of execution and by agreement of all heirs interested party, even a creditor
of the estate without the consent
Section 2 of all the heirs
Amount of bound is equivalent Amount of bound is to be
Summary settlement of estates of small value to the value of the personal determined by the court
It may be chosen by the heirs regardless of whether the decedent died property
testate or intestate

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Section 3 and 4
It is only when personal property is involved in the summary
settlement of estate that the distributes are required to file a bond, the
amount of which shall be fixed by the court. It is conditioned for the
payment of any just claim that may be filed.
Instances when an heir may be compelled to settle the decedent’s
estate in court
 There has been undue deprivation of lawful participation on
the estate on the part of an heir or other interested person
 There exist debts against the estate
 There has been undue deprivation of lawful participation
payable in money on the part of an heir or other interested
person
An heir or interested person who was able to participate either in the
extrajudicial or summary settlement of estate of the decedent has a
period of two years after the settlement and distribution to assail its
validity
An heir may file an action for reconveyance within 10 years upon
the issuance of a new title over the property in question or from the
time of actual notice in case of unregistered deed, which is based on
an implied or constructive trust when an heir is deprived of one’s
share in the estate because one did not participate, take part, or had
no notice of the settlement of estate. It must however be remembered
that reconveyance can no longer be availed of once the property has
passed to an innocent purchaser for value. The aggrieved heirs may
hence sue for damages against their co-heirs who have perpetrated
the fraud.
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
PRODUCTION OF WILL (RULE 75)
Section 1
A will is an act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of his
estate after his death. It is a personal, solemn, revocable and free act
by which a person disposes of his property, to take effect after his
death.
Allowance of will is conclusive as to its due execution
Probate of a will is required before its provisions may be carried out.
Probate refers to a judicial act whereby an instrument is adjudged
valid and is ordered to be recorded. Its purpose is to finally and
definitively settle all questions concerning the capacity of the testator
and the proper execution and witnessing of his last will and
testament, irrespective of whether its provisions are valid and
enforceable or otherwise.
The allowance of a will is only conclusive as to its due execution
because the authority of the probate court is limited to ascertaining
whether the testator, being of sound mind, freely executed the will in
accordance with the formalities prescribed by law.
It means that:
 The formalities of the law have been complied with
 The capacity of the testator has been established
 The will is genuine.
Probate of will is mandatory
Unless will is probated and notice given to the whole world, the right
of a person to dispose of his property by will may be rendered
nugatory. A petition for probate may be filed any time and the action
to admit the decedent’s will to probate does not prescribe

Nature of probate proceedings
In rem – it binds the world by virtue of the publication of the
petition.
Effect of probate
Once allowed, the principle of res judicata applies, which means that
the testator was of sound and disposing mind at the time when he
executed the will and was not acting under duress, menace, fraud, or
undue influence; that the will was signed by him in the presence of
the required number of witnesses, and that the will is genuine and not
a forgery.
During probate the court does not look into intrinsic validity
General rule: Probate court’s authority is limited only to the extrinsic
validity of the will, the due execution thereof, the testator’s
testamentary and the compliance with the requisites or solemnities
prescribed by law. Any inquiry into the intrinsic validity or efficacy
of the provisions of the will or the legality of any devise or legacy is
premature.
In exceptional instances, courts are not powerless to pass upon
certain provisions of will which it may declare invalid even as to
upholds the extrinsic validity of will. When a will is void on face
value, the probate court may disregard passing on the extrinsic
validity of the will for practical considerations.
Section 2 and 3
Custodian – refers to a person who receives a will with knowledge,
or under such circumstances that he ought to have known that he was
receiving custody of a will
Duties of a custodian
The custodian, by accepting the will, does not undertake to exercise
diligence in inquiring into the testator’s death. This custodianship
creates a bailor-bailee relationship.
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
The custodian is obligated to keep and preserve the will safely for the
benefit of the testator until the latter’s death. He is not obligated to
discover whether the testator is still alive or already dead. Upon
knowledge of the testator’s death, the custodian must deliver the will
either to the clerk of court in the place where the decedent last
resided or to the executor named in the will.
Duties of an executor
The executor named in the will is also given 20 days from either
knowledge of the testator’s death or knowledge that one has been
named executor to present the will to the court having jurisdiction,
UNLESS the will reached the court in some other manner.
Section 4 and 5
In order for a person to be subjected to either a payment of a fine for
failure to comply with its duties or imprisonment for failure or
neglect to submit a will to court, the court must be acting in the
exercise of its jurisdiction over the administration of the estates of
deceased persons.
Where there is no pending case, the court must require the existence
of a petition, information, or affidavit before it of such character to
make an action under the foregoing provisions appropriate.

ALLOWANCE OR DISALLOWANCE OF WILL
(RULE 76)
Section 1
When will may be probated
Ordinarily, probate proceedings are instituted only after the death of
the testator, so much so that, after approving and allowing the will,
the court proceeds to issue letters testamentary and settle the estate of
the testator. However, the testator himself may, during his lifetime,
petition the court having jurisdiction for the allowance of his will.
Once a will is probated during the lifetime of the testator, the only
questions that may remain for the courts to decide after the testator’s
death will refer to the intrinsic validity of the testamentary
dispositions. Subject to the right of appeal, the allowance of the will,
shall be conclusive as to its due execution.
Who may file petition for probate
 Executor, devisee, legatee
 Any other person interested in the estate
 Testator himself
The petition for probate shall prosper regardless of whether the
petitioner has the will in his possession, is lost, or destroyed.
Section 2
Contents of petition
 Testator’s death
 Testator’s residence at the time of death
 The place where the testator left estate, if he is a non-resident
 That the will has been delivered to the court and is in the
possession thereof, unless not yet delivered
 The value of the estate to determine the court with
jurisdiction
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
Section 3
How jurisdiction is acquired in a settlement proceeding
 Attachment of a copy of the will to the petition (need not be
the original); OR
 Delivery of the of the will to the court
Notice of hearing
The court has to comply with two obligations after the will is
delivered to the court or a petition for its allowance is filed:
 Fix the time and place for proving the will when all
concerned may appear to contest its allowance
 Cause the notice of the time and place to be published in for
3 successive weeks in a newspaper of general circulation in
the province
Section 4
The court’s obligation to send notices attaches only when the heirs,
devisees, and legatees are known and their residence are known.
Personal service – interested parties must be notified at least 10
days before the hearing
Registered mail – it should be sent at least 20 days before the date
of the hearing
When it is the testator who files the petition for probate, only the
testator’s compulsory heirs are notified by the court
Section 5
The petitioner should present, to the satisfaction of the probate court,
the following:
 Evidence that the order of the court fixing the time and place
for proving the will has been published for 3 successive
weeks prior to the time appointed
 SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas

 Evidence that a notice of such hearing has been served upon
the known heirs, legatees, devisees of the resident testator at
least 20/10 days
 If the petitioner is not the executor, evidence that notice has
been served upon the executor, if his/her place of residence
is known
 Testimonies of the subscribing witnesses in support of the
will
Deposition may be resorted to if the deponent lives at least 100
kilometers away from the territorial jurisdiction of the probate court
As long as the petitioner is able to prove that the testator was sane at
the time of the execution of the will, the court should admit the will
into probate
Section 10

Contesting a will
Proof of notice and publication Grounds must be stated in a written opposition. He must have an
 Affidavit of the publisher and copies of the actual newspaper interest in the estate, or in the will, or in the property to be affected
on which the notice was published. by it either as executor or as a claimant of the estate.

Section 6 Summary of the required testimonies for purposes of probate

Uncontested Contested
Proof of lost or destroyed will Notarial Will The court may grant All the subscribing
 It’s execution and validity are established allowance thereof on witnesses and the
 It must have been in existence at the time of the testator’s the testimony of one notary public must
death, or is shown to have been fraudulently or accidentally subscribing testify as to due
destroyed during the lifetime of the testator without his witnesses only, if execution and
knowledge such witness testifies attestation of the will
that the will was
 Its provisions must be clearly and distinctly proved by at
executed as is
least two credible witnesses
required by law
Holographic Will At least one witness The will shall be
When a will is proved as lost, its provisions must be distinctly stated who knows the allowed if at least
and certified by the judge under the seal of the court handwriting and three witnesses who
signature of the know the
Section 7 and 8 testator explicitly handwriting of the
declares that the will testator explicitly
Testimony of the witnesses other than subscribing witnesses and signature are in declare that the will
 The subscribing witness is insane the handwriting of and signature are in
 The subscribing witness is dead the testator the handwriting of
 None of the subscribing witnesses reside in the Philippines the testator
In the absence of such, if the court deems
necessary, expert testimony may be resorted

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to Formal requisites for a notarial will

Holographic Will The fact that he The burden of  It must be in writing and executed in the language known to
petitioned by the affirms that the disproving the the testator
Testator himself holographic will and genuineness and due  It must be subscribed at the end, as a rule, by the testator
the signature are in execution thereof himself
his own handwriting, shall be on the  At least three witnesses must attest and subscribe to the will
shall be sufficient contestant. The
in the presence of the testator and of one another
evidence of the testator may, in his
genuineness and due turn, present such  The testator and the witnesses must sign each and every
execution thereof additional proof as page, except the last, on the left margin
may be necessary to  All the pages of the will must be numbered
rebut the evidence  The attestation must state
for the contestant  The number of pages of the will
 The fact that the testator signed the will and every
Section 9 page in the presence of the witnesses
 The witnesses signed the will and all its pages in the
Disallowance of a will testator’s presence and of one another
Parol or extrinsic evidence is not admissible to show that a decedent  The testator and the witnesses must acknowledge the will
intended to execute his will according to all the formalities before the notary public
prescribed by law
Formal requisites for a holographic will
Grounds:  It must be in writing and executed in the language known to
 Legal formalities the testator
 Not executed and attested as required by law  The testator himself must entirely write, date and signed the
 Testamentary capacity will
 Testator insane or otherwise mentally incapable to
make will at time of execution Testamentary capacity
 Due execution Testator’s ability to know the:
 Executed under duress, or the influence of fear, or  Nature of the estate to be disposed of
threats  Objects of his bounty
 Procured by undue and improper pressure and  Character of the testamentary act
influence on the part of the beneficiary, or some other
person, for his benefit
 Signature of testator procured by fraud or trick and he
did not intend that the instrument be his will at time of
fixing his signature

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Section 13
Once the will is admitted to probate, the following must be done:
 The judge shall issue a certificate of allowance of the will,
which must be signed by the judge and attested by the seal of
court
 The clerk must record and file the certificate of allowance
 The will must be recorded in the register of deeds of the
province where the land is located
ALLOWANCE OF WILL PROVED OUTSIDE OF
PHILIPPINES AND ADMINISTRATION OF ESTATE
THEREUNDER (RULE 77)
Section 1
When a person executes a will that produces effects in the
Philippines, the will must be reprobated in the Philippines to
effectuate its provisions. It should be accompanied by an
authenticated copy of the will and an authenticated decree of the
allowance.
Section 2
The following must be present evidence of the following:
 Due execution of the will in accordance with the foreign
laws
 Testator has his domicile in the foreign country and not in
the Philippines
 The will has been admitted to probate in such country
 The fact that the foreign tribunal is a probate court
 The laws of a foreign country on procedure and allowance of
wills
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
A person who seeks to reprobate a will executed in a foreign country
must prove the laws and procedures of that foreign country on wills.
Section 3
The following requisites must be shown:
 The testator was domiciled in a foreign country
 The will has been admitted to probate in such country
 The foreign court is, under the laws of said foreign country,
a probate court with jurisdiction over the proceedings
 Proof of compliance with the law on probate procedure in
said foreign country
 The legal requirements in said foreign country for the valid
execution of the will have been complied with
 Filing a petition in the Philippines with copy of the will and
of its decree of allowance
 Notice and hearing
Section 4
Administration extends only to the assets of a decedent found within
the state or country where it was granted.
Admission of a foreign will to probate shall have the following
effects:
 The court shall grant letters testamentary or letters of
administration with the will annexed
 The said letters shall extend only to the testator’s estate
located in the Philippines
 The estate shall be disposed of following the will after just
debts and expenses of administration are paid
 Any residue shall be disposed of as provided for estates in
the Philippines belonging to persons who do not reside in the
country
 SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas

LETTERS TESTAMENTARY AND OF pay the testator’s

ADMINISTRATION, WHEN AND TO WHOM ISSUED debts; but the court
may require the
(RULE 78) executor to execute a
bond in case of a
Section 1 change in
circumstance of for
Executor Administrator other sufficient case
How appointed Nominated by the Appointed by the
testator and court in the Amount of If the testator makes Amount of
appointed by the following instances: compensation a provision in the compensation is
court (1) the will did not will for the fixed by Rule 85,
appoint an executor compensation of the Section 7
(2) the executor executor, that
appointed in the will provision shall be a
is incompetent, full satisfaction for
refused the his services, unless
appointment, or he renounces by a
failed to give a bond written instrument all
(3) the will was the claim to the
disallowed compensation as
(4) the deceased provided in the will
intestate
Obligation to Executor is required No such requirement Requirements for an executor or administrator
present the will to to present the will to  At least 18 years old
court the court within 20  A resident of the Philippines
days after knowledge  The court deems such person as fit
of the testator’s death
or after he knows
Section 2
that he was
appointed as
executor When the executor dies his executor cannot administer the estate of
Bond Testator may direct Always required to the first testator. The court may appoint an administrator as the new
that the executor execute a bond administrator after the death of an executor who was not able to
serve without bond settle the estate of the first decedent during his lifetime.
or with only his
individual bond
conditioned only to

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 SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas

Section 3 and 4  Principal creditors

 Other persons selected by the court
Authority issued by the court The order of preference does not rule out the appointment of co-
Letters Letters of Letters of administrators, especially in cases where justice and equity demand
Testamentary Administration Administration that opposing parties or factions be represented in the management of
with the Will the estate.
Annexed
Definition The authority The authority The authority OPPOSING ISSUANCE OF LETTERS
issued to the issued by the issued by the
TESTAMENTARY, PETITION AND CONTEST FOR
executor court to a court to a
named in the competent competent LETTERS OF ADMINISTRATION (RULE 79)
will to manage person to person to
and administer administer the administer the Section 1
the estate estate of the estate of the
deceased if the deceased who The heir who may be interested in the issuance of letters
executor named died intestate or testamentary refers to forced heirs only. A person may oppose the
in the will with a void will petition for probate without simultaneously seeking appointment as
refuses to
administrator.
accept the
office, or is
incompetent Section 3
When issued The executor is There is a will Decedent dies
competent, but the executor intestate. The The court has the following obligations as soon as a petition for
accepts the is incompetent, will is void or is letters of administration is filed
trust, and gives refuses the not admitted to  Fix the time and place of hearing
the required trust, or fails to probate  Cause notice of the time and place of hearing to be given to:
bond give the bond  Decedent’s known heirs
required  Decedent’s known creditors
 Other persons believed to have interest in the estate
Section 6
Section 4
Order of preference in appointment as administrator
 Surviving spouse Any person interested in a will may oppose in writing the issuance of
 Next of kin – those whose relationship with the decedent is letters testamentary to persons named as executors, and at the same
such that they are entitled to share in the estate as time file petition for letters of administration with will annexed
distributees
 Persons requested by the surviving spouse or next of kin

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 SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas

SPECIAL ADMINSTRATOR (RULE 80) cause

 When the executor or
Section 1 administrator is a
claimant against the
Special Administrator estate, but only as to the
 an officer of the court who is subject to its supervision and portion over which there
control, expected to work for the best interest of the entire is a claim
estate, with a view to its smooth administration and speedy
settlement. Section 2 and 3
 The appointment is justified only when there is delay in
granting letters testamentary or administration occasioned by The selection or removal of special administrators is not governed by
any cause the rules regarding the selection or removal of regular administrators.
Courts may appoint or remove special administrators based on
The court is not required to follow the order of preference prescribed grounds other than those enumerated in the Rules, at their discretion.
in Rule 78, Section 6 for the appointment of a special administrator

Distinguished from regular administrator BONDS OF EXECUTORS AND ADMINISTRATORS

Regular Administrator Special Administrator
The court’s order of appointment The court’s order of appointment
may be appealed is interlocutory and not
appealable. The appointment
may only be challenged through
a special civil action for
certiorari raising as a ground
grave abuse of discretion
amounting to lack or excess of
jurisdiction
One of the obligation is to pay Special administrator is not
and discharge all the debts of the empowered to pay the estate’s
estate debts
Instances when appointment is Instances when appointment is
made by the court: made by the court:
 Decedent died intestate  There is delay in the
 Decedent fails to appoint granting of the letters
an executor in the will testamentary or
 The will was disallowed administration by any
(RULE 81)
Section 1 and 2
Conditions for the executor or administrator’s bond:
 To make and return to the court, within three (3) months, a
true and complete inventory of all goods, 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
 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

13

 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
 To perform all orders of the court by him to be performed
As a rule, an executor is required to give a bond conditioned on one’s
performance of the obligations enumerated in Section 1. An
execption to this rule is a provision in the decedent’s will exempting
the named executor from giving a bond.
Section 3 and 4
Conditions for the special administrator’s bonds:
 Make and return a true inventory of the goods, chattels,
rights, credits, and estate of the deceased which come to his
possession
 Truly account for the decedent’s estate as are received by
him when required by the court
 Deliver the same to the person appointed executor or
administrator, or to such other person as may be authorized
to receive them
REVOCATION OF ADMINISTRATION, DEATH,
RESIGNATION, AND REMOVAL OF EXECUTORS
OR ADMINISTRATORS
(RULE 82)
Section 1
Instances when the court may revoke letters of administration:
 When the decedent’s will is discovered and admitted to
probate.
o Mere discovery does not ipso facto nullify the letters
of administration issued by the court. The decedent’s
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
will must be probated first before the court may
revoke such.
 When letters of administration are illegally issued or issued
without jurisdiction
The revocation of the letters of administration produces the
following consequences:
 All powers under the letters of administration cease
 The administrator shall surrender the letters to the court
 The administrator must render his account within the time
given by the court
 Proceedings for the issuance of letters testamentary or
administration shall be followed.
Section 2
Removal or resignation of executor or administrator:
 Neglect to render one’s account and settle the estate
according to law
 Neglect to perform an order or judgment of the court, or a
duty expressly provided by the court
 Abscond
 Becomes insane or otherwise incapable or suitable to
discharge the trust
Suntat III vs, Cojuangco-Suntay
Issue: Was there a basis to remove Emilio III as a co-administrator
Held: YES. Emilio failed to make and return a true and complete
inventory which became a proven fact when he actually filed partial
inventories before the probate court and by his inaction on two
occasions of Federico’s exclusion of Cristina’s other compulsory
heirs, herein Isabel and her siblings, from the list of heirs.
The enumeration of grounds for an administrator’s removal is not
exclusive. A court is justified in removing an administrator if it loses
confidence in him.
 SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas

The following are sufficient basis to remove an administrator: administrator. He is required to secure a renewal of such
 An administrator who disbursed funds of the estate without authority. However, notice and hearing are not anymore
judicial approval required for renewing said authority.
 False representation by an administrator in securing his
appointment
 An administrator who holds an interest adverse to that of the INVENTORY AND APPRAISAL PROVISION FOR
estate or by his conduct showing his unfitness to discharge SUPPORT OF FAMILY
the trust (RULE 83)
 An administrator who has the physical inability and
consequent unsuitability to manage the estate Section 1
Steps before the court may accept the resignation:
The rule obligates the administrator or executor to submit a true
 The administrator submits a resignation letter to the court
inventory of the decedent’s estate within three months from his
 The administrator prepares an inventory of the properties in appointment.
his possession
Aranas v Mercado
Section 3
No properties appearing to belong to the decedent can be excluded
from the inventory. The fact that the properties were already covered
Acts done prior to the revocation or removal shall remain valid. They
by Torrens titles in the name of a third person cannot be a valid basis
are not nullified by the revocation of the letters of administration or
for immediately excluding certain properties from the inventory. The
administrator’s removal.
Torrens system is not a mode of acquiring title to lands, as it is
merely a system of registration of titles to lands.
If there are two or more joint administrator, the removal of one does
not automatically extend to the other, unless the court provides for it.
Section 2 and 3
Section 4
The widow and the minor or incapacitated children of the decedent
Powers of the new executor or administrator: are entitled to receive an allowance while the estate is being settled.
These allowances are in the nature of advance payments of their
 To collect and settle the estate not administered that the
share in the estate, which shall be deducted from their respective
former executor or administrator had
shares that may be allotted to them. The allowance does not actually
 To prosecute or defend actions commenced by or against the
encumber the decedent’s property; rather, it refers to the general
former executor or administrator
estate, which includes the surviving spouse’s share in the conjugal
 To execute on judgments recovered in the name of such partnership.
former executor or administrator
 He cannot sell or mortgage the decedent’s real estate
pursuant to an authority granted to the former executor or

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Allowance must still be granted even if the decedent’s liabilities
exceed the value of the estate since the allowance already refers to
the spouse’s share in the conjugal partnership. However, allowance
may be denied if the surviving spouse did not contribute any
property to the marriage, provided that the liabilities exceed the
value of the estate.
Section 2 and 3
The right of an executor or administrator to the possession and
management of the real and personal properties of the deceased is
not absolute, and can only be exercised “so long as it is necessary
for the payment of the debts and expenses of administration”

Executor and administrator granted only powers of

GENERAL POWERS AND DUTIES OF EXECUTORS administration
AND ADMINSITRATORS
(RULE 84) Q: Is court intervention required before an executor or administrator
may enter into a lease agreement over the decedent’s estate?
A: NO. Entering into a lease contract is merely an act of
Section 1 administration for which no court order is required to render it valid.
It is only required when the lease will be registered in the Registry of
Refers to special powers granted to the executor or administrator Property.
when the estate involved belongs to a partner
Powers:
Due to the nature of a contract of partnership, it provides for the
 Possess and manage estate of the deceased to pay debts and
following safeguards to protect that deceased partner’s interest in the
expenses of administration
partnership:
 Have access to, examine and take copies of, books and
 One shall at all times have access to, and may examine and
papers relating to the partnership business, and examine and
take copies of books and papers relating to the partnership
make invoices of the property belonging to such partnership
business;
 With the approval of the court, to compound or compromise
 One may examine and make invoices of the property
with a debtor of the deceased
belonging to the partnership
Duties:
 Maintain the estate in tenantable repair
Obligations of the surviving partner(s):
 Deliver the same to the heirs or devisees when directed by
 Exhibit to the executor or administrator, on the latter’s
the court
request, all books, papers, and property in the partner’s
hands; and
 Freely permit the exercise of rights and exhibit the books,
papers, and property, as may be ordered by the court on the
written application of the executor or administrator

16

ACCOUNTABILITY AND COMPENSATION OF
EXECUTORS AND ADMINSTRATORS
(RULE 85)
Section 1
Accountable for the whole estate of the decedent which has come to
his possession at the value of the appraisement. EXPN: When the
executor or administrator gains knowledge respecting the deceased’s
estate, he may be held accountable if he fails to recover possession of
the same through his fault or negligence.
Section 2 to 7
In order to entitle the executor or administrator to additional
compensation, the estate must be large, the settlement extraordinarily
difficult, and a high degree of capacity demonstrated by him.
(discretion of the probate court)
Section 8
Executor or administrator shall render an account of his
administration within one year from the time of receiving letters
testamentary or of administration, and he shall render such further
accounts as the court may require until the estate is wholly settled.
Section 9 and 10
The instances when notice has to be given to interested parties:
 Sec. 10, Rule 85 in reference to the time and place of
examining and allowing the account of the executor or
administrator
 Sec. 7(b), Rule 89 concerning the petition to authorize the
executor or administrator to sell personal estate, or to sell,
mortgage or otherwise encumber real estates
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
 Sec. 1, Rule 90 regarding the hearing for the application for
an order for distribution of the estate residue
CLAIMS AGAINST THE ESTATE
(RULE 86)
Section 1
Immediately after granting letters testamentary or of administration,
the court shall issue a notice:
 Requiring all persons having money claims against the estate
 To file them in the office of the clerk of court
A claim against the estate need not be in any particular form. It is
sufficient if it states the character and amount of the claim, enables
the representative to provide for its payment, and services to bar all
other claims by reason of its particularity of designation.
Purpose of presenting claims against the estate: to protect the
estate of deceased persons
Types of claims that may be filed
Only money claims against the decedent are allowed. But not all
money claims may be prosecuted under said rule. Only those
contracted before the decedent’s death.
Those claimed after the decedent’s death may be allowed as
expenses of administration. Such claims may be collected from the
administrator or executor personally or by motion in the testate or
intestate proceedings without the formality and limitations for money
claims against the decedent.
Claims for taxes, whether assessed before or after the death of the
deceased, can be collected from the heirs even after the distribution

of the properties of the decedent. They are exempted from the
application of the statute of non-claims.
Section 2
Timing for filing of claims:
 Not more than 12 months
 Nor less than 6 months, reckoned from the date of the first
publication of the notice
At any time before the order of distribution is entered, a creditor
who failed to file his claim within the time set may move to be
allowed to file such claim. The probate court may for good cause
shown and on such terms as are just allow such claim to be filed
within a period not exceeding one month from the date of the order
of the court allowing said filing. The court has no authority to admit
a belated claim for no cause or for an insufficient cause.
Statute of non-claims
It is the period fixed for the filing of claims against the estate, such
claims not filed within the said period is barred forever.
Guidelines:
 The period fixed by probate court must not be less than 6
months nor more than 12 months from the date of first
publication of the notice
 Such period once fixed by the court is mandatory and it
cannot be shortened
 The statute of non-claims supersedes the statute of
limitations.
 Still, before a creditor may go against the estate, the claim
must be both within the statute of limitations and statute of
non-claims
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EXCEPTIONS:
 The creditor may apply with the court for a new period not
exceeding one month from the order allowing the same for
just cause
 The creditor may set up his claim as counterclaim in an
action filed by the executor or administrator against him
Danan v Buencamino
It was ruled that a claim filed two days after the period fixed by the
order of the probate court could still prosper. The administratix was
estopped and that laches has already set in considering that the issue
of the timeliness of the claim was made after seven years.
Presentment of probate claims may be waived by the estate’s
representative, such waiver is to be determined from the
administrator’s acts and conduct.
Section 3
Immediately after the notice of the creditors is issued, the executor or
administrator shall cause the following:
 Publication of the notice three weeks successively in
newspaper of general circulation in the province
 Posting the notice for three weeks successively in the
following places:
o Four public places in the province
o Two public places in the municipality where the
decedent last resided
Section 4
A copy of the printed notice must be filed with the court within 10
days after publication and posting. The affidavit of the published
notice must also be submitted, setting forth the dates of the first and
last publication, as well as the newspaper on which it was printed.

Section 5
Claims to be filed within the period:
 Claims for money against the decedent arising from contract,
express or implied, whether due, nor due or contingent
 Claims for funeral expenses and expenses for last sickness of
decedent
 Judgment for money against decedent (where the judgment
debtor dies before levy on execution of his properties)
Money claims against the decedent
Stronghold Insurance Company, Inc. vs Republic-Asahi Glass
Corporation
Issue: Was SICI’s obligation extinguished by Jose D. Santos, Jr.’s
death?
Held: NO. In the present case, whatever monetary liabilities or
obligations Santos had under his contracts with respondent were
transmissible by their nature, by stipulation, or by provision of law.
His death did not result in the extinguishment of those obligations or
liabilities, which merely passed on to his estate.
Ordinary action for collection not allowed
Nacar v Nistal
The claim of private respondents, being one arising from a contract,
may be pursued only by filing the same in the administration
proceedings that may be taken to settle the estate of the deceased
Nacar. If such a proceeding is instituted and the subject claim is not
filed therein within the period prescribed, the same shall be deemed
barred forever. Even if this action were commenced during the
lifetime of Nacar, the same shall have to be dismissed, and the claim
prosecuted in the proper administration proceedings.
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
Contingent claims
It refer to those claims in which liability depends on some future
event that may or may not happen, and which makes it uncertain
whether there will ever be any liability. It should be presented in the
administration proceedings in the same manner as any ordinary
claim, and that when the contingency arises which converts the
contingent claim into a valid claim, the court should then be
informed that the claim had already matured.
Implied contract
MBTC v Absolute Management Corporation
Issue: Should Metrobank be allowed to file a fourth-party complaint
against Chua’s estate?
Held: YES. The term quasi-contract is included in the concept
implied contracts and the same should be accordingly be filed as
claims in the settlement of the estate.
Claims which survive death
Claims for civil liability survive notwithstanding the death of the
accused if the same may also be based on a source of obligation
other than delict, such as contract, law, quasi-contract, and quasi-
delict.
A separate civil action may be enforced either against:
 The estate of the accused, in case of a contract
 The executor or administrator, in case of law, quasi-contract,
and quasi-delict
Note that civil actions for tort or quasi-delict do not fall within the
class of claims to be filed under the notice to creditors required under
Rule 86. These actions, being civil, survive the death of the decedent
and may be commenced against the administrator.

Judgment for money
Property levied upon in case the judgment debtor dies after the entry
of judgment may be sold for the satisfaction of the judgment in case
death occurs after execution is actually levied. The cut-off date is the
date of actual levy of execution.
o Before levy – claims against estate
o After levy – property levied may be sold
When judgment in a civil case has become final and executor,
execution is not a proper remedy to enforce payment. The claimant
should present the claim before the probate court. Similarly,
mandamus is not an available remedy for the immediate payment of
a claim by an administrator because such is not a matter of right.
Section 6
Procedure for filing claims
If obligation is solidary
 creditor is mandated to file a claim against the decedent as if
he were the only debtor
 failure to file a claim bars it, but it does not result in the
extinction of the obligation
If obligation is joint
 claim shall be properly limited to the portion owed by the
decedent
Section 7
Options available to a secured creditor (distinct, independent, and
mutually exclusive from each other)
 Abandon the security and prosecute his claim against the
estate and share in the general distribution of the assets (To
waive the mortgage and claim the entire debt from the estate
of the mortgage as an ordinary claim)
 Foreclose his mortgage or realize upon his security by action
in court, making the executor or administrator a party
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
defendant. (To foreclose the mortgage judicially and prove
any deficiency as an ordinary claim)
o If there is a deficiency, he may file a contingent
claim against the estate within the statute of non-
claims
 Rely solely on his mortgage and foreclose the same at
anytime within the period of the statute of limitations but he
cannot be admitted as creditor and shall not receive in the
distribution of the other assets of the estate (To rely on the
mortgage exclusively, foreclosing the same at any time
before it is barred by prescription without the right to file a
claim for any deficiency)
Section 9
 The claim must be delivered with the necessary vouchers
(affidavit to be submitted by the claimant) to the clerk of
court
 A copy must be served on the executor or administrator
 If the claim is founded on an instrument, it must be attached
to the claim and filed therewith
o The original need not be filed upon the submission
of the affidavit
o If it is lost or destroyed, the claimant is required to
furnish the court with affidavits containing a copy or
particular description of the instrument and to state
its loss or destruction
 If the claim is due, an affidavit supporting such claim must
be filed which shall state
o The amount justly due
o That no payments have been made thereon which are
not credited
o That there are no offsets to the same
 If the claim is not due or is contingent, it must be supported
by affidavits stating its particulars

 When a person other than the claimant makes the affidavit,
the reasons why it is not made by the claimant must be stated
Section 10
The executor or administrator must file an answer within 15 days
after service of a copy of the claim, but the court, in its discretion,
extend the time for the filing of the answer. The executor or
administrator shall further alleged in offset any claim which the
decedent before death had against the claimant.
Section 11
When the executor or administrator admits entirely a claim, it shall
be submitted by the clerk of court, which may be approved without
hearing.
Section 12
The obligation of the clerk of court to set the claim for trial arises
upon the happening of either:
 The filing of an answer to the claim
 The expiration of the time for such filing
Notice shall be sent to both parties as to the setting of the claim for
trial. The court may refer the claim to a commissioner.
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
ACTIONS BY AND AGAINST THE EXECUTOR OR
ADMINSTRATORS
(RULE 87)
Section 1 and 2
Only the following actions may be commenced against the executor
or administrator:
 Recovery of real or personal property or an interest therein
 Enforcement of a lien on real or personal property
 Recovery of damages for an injury to person, property
whether real or personal
Section 3
Before distribution is made or before any residue known, the heirs
and devisees have no cause of action against the administrator for
recovery of property left by the deceased
General Rule
Heirs have no legal standing to sue for recovery or protection of
property rights of the deceased
Exception
 Pending the filing of administration proceedings
 Administration proceedings have already been commenced,
but an administrator has not yet been appointed
 The executor or administrator is unwilling or refuses to bring
suit
 The executor or administrator is alleged to have participated
in the act complained of and he is made a party defendant
In one case, the heirs were allowed to file a petition for correction of
clerical errors in the description of the property in the project of
partition after it was approved by the probate court

Suit against the executor or administrator filed by the heirs may only
prosper if:
 There is an order of the court assigning the property to such
heir; or
 The time allowed for the payment of a debt has expired.
Section 4
The executor or administrator is empowered to compromise with the
decedent’s debtor
Section 6
When the property of the decedent is concealed, embezzled, or
fraudulently conveyed, the interested party must bring it to the
court’s attention, which shall then cite the person suspected to appear
in court. If the person cited refuses, the court may punish him for
contempt and order his commitment to prison until he submits to the
court’s order.
Section 7 and 8
Double value rule
If before the grant of letters testamentary or of administration, a
person embezzles or alienates money or property of the deceased,
such person shall be liable to an action in favour the executor or
administrator for double the value of the property sold, embezzled or
alienated.
Section 9
An executor or administrator may commence and prosecute to final
judgment an action for the recovery of property, right, interest, debts,
or credit for the benefit of creditors when the following
circumstances concur
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
 The deceased in his lifetime had converted real or personal
property, right or interest therein, or debt or credit
 Such conveyance was
o Made with intent to defraud his creditors
o Made to avoid any right, debt, or duty or had so
conveyed such property, right, interest, debt, or
creditors
o The subject of the attempted conveyance would be
liable to attachment by any of them in his lifetime
 There is deficiency of assets in the hands of an executor or
administrator for the payment of debts and expenses of
administration
Section 10
The creditor may bring an action in the name of the executor or
administrator for the recovery of the property fraudulently conveyed
by the deceased upon concurrence of the following:
 There is deficiency of assets
 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
 The executor or administrator has not commenced the action
 The creditor has filed a bond executed to the executor or
administrator in an amount approved by the judge,
conditioned to indemnify the executor or administrator
against the costs and expenses incurred by reason of such
action
If the creditor is successful, he shall have a lien upon any judgment
recovered by him for reasonable costs and expenses
When the conveyance or its attempt made by the decedent during his
lifetime is in favor of the executor or administrator, the action
commenced shall be in the name of all the creditors. The court’s
permission and the filing of bond are dispensed with.

When the demand is in favor of the administrator and the party
against whom it is enforced is a third party, not under the court’s
jurisdiction, the demand cannot be by mere motion by the
administrator, but by an independent action against the third
person.
PAYMENT OF DEBTS OF THE ESTATE
(RULE 88)
Section 1 to 7
The following requisites must concur before the executor or
administrator may pay the money claims against the estate
 A hearing is conducted
 The amounts of such claims are ascertained
 There are sufficient assets to pay the debt
The provision in a will for the payment of a specific debt does not
dispense with the requirement that a claim should be filed against the
estate. In any case where the provision in the will is insufficient to
cover the entire debt, that part of the decedent’s estate not disposed
of by will shall answer for such deficiency.
The order of preference for the payment of debts of the estate:
 From the portion or property designated in the will
 From the personal property
 From the real property
In case of a deficiency after the exhaustion of the decedent’s estate, it
shall be satisfied from the contribution of devisees, legatees, or heirs
who have been in possession of portions of the estate before the
debts and expenses have been settled and paid.
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
If the decedent is insolvent, the preference of credits stated in
Articles 1059 and 2239 to 2251 of the Civil Code must be followed.
Exceptions: Instances when realty can be charged first
 When the decedent’s personal property is insufficient
 When the sale of personal property shall be detrimental to
the participants of the estate
 When the sale of personal property may injure the business
or interests of those interested in the estate
 When the testator has not made sufficient provision for
payment of such debts, expenses, and legacies
 When the decedent was, in his lifetime, under contract,
binding in law, to deed real property to the beneficiary
 When the decedent during his lifetime held real property in
trust for another
Requisites on the exceptions mentioned
 The executor or administrator makes an application with
court
 Written notice is given to the persons interested
 Hearing by the court
When writ of execution may issue
Where the devisees, legatees or heirs have entered into possession of
their respective portions in the estate prior to settlement and payment
of the debts and expenses in the administration and it is later
ascertained that there are such debts and expenses to be paid.
Section 4 and 5
Requisites for the estate to be required to retain estate to meet the
contingent claim are as follows:
 The continent claim is duly filed within the two-year period
allowed for the creditors to present claims
 The court satisfied that the claim is valid
 The claim has become absolute.

After the lapsed of the 2-year period, the assets retained in the hands
of the executor or administrator not exhausted in the payment of the
claims, shall be distributed by order of the court to persons entitled to
the same.
Section 8
Where there are several creditors entitled to the same preference and
the assets are insufficient to pay all of them, the proceeds shall be
prorated among the creditors of the same preference.
Section 9 and 10
If the decedent is a non-resident AND insolvent, his estate found in
the Philippines shall be distributed to his creditors, BOTH here and
outside the country, in proportion to their respective shares.
Section 11 and 12
When an appeal is taken from its decision concerning a claim, the
court may take either of the following courses of action
 Suspend the order for the payment of the debts; or
 Order the distribution among the creditors whose claims are
definitely allowed, leaving in the hands of the executor or
administrator sufficient assets to pay the claim disputed and
appealed
Once the dispute has been settled, the court shall order the same to be
paid out of the assets retained to the same extent and in the same
proportion with the claims of other creditors.
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
Section 13
The court is not precluded from making a single order of distribution
of the estate. In fact, the court has power to make further orders for
the distribution of the estate:
 If the whole of the debts are not paid on the first distribution
 If the whole assets are not distributed
 If other assets afterwards come to the hands of the executor
or administrator
Section 14 to 16
The executor or administrator has an initial period of one year from
the issuance of letters testamentary or administration to:
 Dispose of the estate
 To pay the debts and legacies of the deceased
The executor or administrator may apply for an extension not
exceeding six months for a single extension after hearing and notice
to all persons interested
The whole period allowed to the original executor or administrator
shall not exceed two years
The successor of the executor or administrator who dies during the
settlement of the estate may have the time extended on notice, not
exceeding six months at a time and not exceeding six months beyond
the time allowed to the original executor or administrator
Thus, if the executor or administrator dies, the total allowable period
is two and a half years

SALE, MORTGAGES, AND OTHER
ENCUMBRANCES OF PROPERTY OF DECEDENT
(RULE 89)
Section 1
The executor or administrator is prohibited from selling personal
property of the decedent without court order even if the heirs and
other persons interested have consented thereto. Moreover, the court
cannot motu proprio order the sale of personal property. It is
essential that the executor or administrator applies for such sale with
the court and gives written notice to the heirs and other persons
interested.
Section 2
The primary consideration for the court is the interest and benefit to
the heirs, devisees, legatees, and other interested persons. The only
limitation on a sale otherwise beneficial to interested persons would
be its inconsistency with the provisions of the will.
DISTRIBUTION AND PARTITION OF THE ESTATE
(RULE 90)
Section 1
In settlement of estate proceedings, the distribution of the estate
properties can only be made:
 After all the debts, funeral charges, expenses of
administration, allowance to the widow, and estate tax have
been paid; or
 Before payment of said obligations 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
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SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas
such time as the court directs, or when provision is made to
meet those obligation
What the court is enjoined from doing is the distribution of the
residue of the estate before its obligations are first paid, but the court
is not enjoined from making the declaration of heirs prior to the
satisfaction of these obligations.
Effect of final decree of distribution
It vests title to the land of the estate in the distributees. If the decree
is erroneous, it should be corrected by opportune appeal, for once it
becomes final, its binding effect is like any other judgment in rem,
UNLESS properly set aside for lack of jurisdiction or fraud.
The only instance where a party interested in a probate proceeding
may have a final liquidation set aside is when he is left out by reason
of circumstances beyond his control or through mistake or
inadvertence not imputable to negligence.
Requisites before the distribution of the estate
 Liquidation
 Determination of all assets of the estate and payment
of all debts and expenses
 Declaration of heirs
 Undertaken to determine to whom the residue of the
estate should be distributed
 The declaration is made in the same proceeding
 A separate action for the declaration of heirs not
being the proper recourse
Project of partition
It is a proposal for distribution of the hereditary estimates and
determines the persons entitled thereto
 SPECIAL PROCEEDINGS | Queen Harra Sheigila Pantanosas

The probate court loses jurisdiction of an estate under administration Remedy of a preterited heir
only after the payment of all the debts and the remaining estate The intestate proceedings, although closed and terminated can still be
delivered to the heirs entitled to receive the same opened within the 10 year prescriptive period upon petition by the
preterited heir.
Reyes v RTC of Makati
Instances when the court may issue a writ of execution
Issue: Does RTC Makati acting as a special commercial court have (EXCEPTIONS to the GENERAL RULE)
jurisdiction to settle the estate of the deceased.  To satisfy the contributive shares of the
devisees/legatees/heirs when the latter had entered prior
Held: NO. An accounting of the funds and assets of Zenith to possession over the estate
determine the extent and value of Anastacia’s shareholdings will be  To enforce payment of the expenses of partition
undertaken by a probate court and not by a special commercial  To satisfy the costs when a person is cited for examination in
court. Beyond this, the determination of title or ownership ober the probate proceedings
subject sales may be conclusively settled by the probate court as a
question of collation or advancement. Section 2

Although generally, a probate court may not decide a question of title Questions as to advancement made or alleged to have been made by
or ownership, yet if the interested parties are all heirs, or the question the deceased to any heir may be heard and determined by the court
is one of collation or advancement, or the parties consent to the having jurisdiction of the estate proceedings. The final order of the
assumption of jurisdiction by the probate court and the rights of third court thereon shall be binding on the person raising the question and
parties are not impaired, the probate court is competent to decide the on the heir. Thus, a court acting in its general jurisdiction, is devoid
question of ownership. of authority to render an adjudication and resolve the issue of
advancement of real property
Remedy of heir entitled to residue but not given his share
 A motion in the same probate or administration proceedings;
 A motion to reopen the settlement proceedings if it had
already been closed
o If it has already been closed and it involves persons
who are non-parties to the partition, a motion to
reopen may be filed by a non-party within 15 days or
before the order closing the proceeding becomes
final

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