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PETITION FOR LETTERS OF ADMINISTRATION (FORM 110) Who may petition for the allowance of the will? Sec.

. 1, Rule 76 of the New Rules of Court, enumerates the persons who may file a petition for the allowance of a will and they are as follows: a. b. c. d. Executor; Devisee or legatee in a will; Any other person interested in the estate; and The testator himself, may, during his lifetime,petition for the allowance of his will.

When can the above persons petition for the allowance of the will? They may, at anytime, after the death of the testator petition to the court having jurisdiction to have the will allowed whether the same be in his possession or not, is lost, or destroyed. DEFINITION OF TERMS Executor = the person appointed by the testator in his will. the person appointed by the court in the case there is no will.

Administrator =

Administrator with a will annexed = the person appointed by the court because although there is a will, said will does not appoint any executor incapacitated or not willing to serve. Persons Disqualified for incompetent to serve as executor or as an administrator 1. Minors; 2. Non-residents of the Philippines; and 3. Those who are unfit to execute the suties of the trust because of; a. Drunkenness; b. Improvidence; c. Want of understanding; d. Want of integrity; and e. Conviction of an offense involving moral turpitude. (Sec. 1, Rule 78)

NOTES 1. CONTENTS OF PETITION FOR LETTERS OF ADMINISTRATION = A petition for letters of administration must be filed by an interested person and must show, so far as know to the petitioner: a. The jurisdictional facts;

b. The names, ages, and residences of the heirs, and the names and residence of the creditors, or the decedent; c. The probable value and character of the property of the estate; d. The name of the person for whom letters of administration are prayed. But no defect on the petition shall render void the issuance of letters of administration. (Rule 79, Sec. 2, Rules of Court). 2. WHEN AND TO WHOM LETTERS OF ADMINISTRATION GARNTED = If no executor is named in the will,or the executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, administration shall be granted: a. To the surviving husband or wife, as the case may be, or next of kin, or both,in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve; b. If Such surviving husband and wife, as the case may be or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or widow, or next of kin, neglects for thirty (30) days after the death of the ministration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve; c. If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select. (Rule 78, Sec. 06, Rules of court). 3. MARRIED WOMEN MAY SERVE = A married woman may serve as executrix or administratrix, and the marriage of a single woman shall not affect her authority to serve under a previous appointment. ) Rule 78, Sec. 3, Rules of Court). 4. WHO ARE IN COMPETENT TO SERVE AS EXECUTORS OR ADMINISTRATORS = No person is competent to serve as executor or administrator who; a. Is a minor; b. Is not a resident of the Philippines; and c. Is in the opinion of the court unfit to execute the duties of the trust by reason of drunkenness; improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude. (Rule 78, Sec. 1, Rules of Court). 5. HEARING AND ORDER FOR LETTERS TO ISSUE = At the hearing of the petition, it must first be shown that notice has been given as hereinbelow required, and thereafter the court shall hear the proofs of the parties in support of their respective allegations, and if satisfied that the decedent left no will, or that there is no competent and willing executor, it shall order the issuance of letters of administration to the party best entitled thereto. (Rule 79, Sec.5, Rules of Court). 6. WHEN LETTERS OF ADMINISTRATION GRANTED TO ANY APPLICANT = Letters of administration may be granted to any qualified applicant, though it appears that there are other competent persons having better right to the administration, if such persons fail to appear when notified and claim the issuance of letters to themselves. (Rules 79, Sec. 6 Riles of Court). 7. For proper venue. 8. As to presumption of death of a person for purpose of settlement of his estate.

Escheat is a special proceeding whereby the real and personal property of a person who dies without a will or any legal heir becomes the property of the state upon his death.

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