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RULE 72 public instrument, or stipulation in the Production of Will.

stipulation in the Production of Will. Allowance of Will introduction of testimony in support of are in the handwriting of the testator; in Section 5. Where some coexecutors
Subject Matter and Applicability of action for partition, or of the affidavit in Necessary the will. All such testimony shall be the absence of any competent disqualified others may act. — When all
General Rules the office of the register of deeds, a Section 1. Allowance necessary. taken under oath and reduced to witnesses, and if the court deem it of the executors named in a will can not
Section 1. Subject matter of special bond with the said register of deeds, in Conclusive as to execution. — No will writing. It no person appears to contest necessary, expert testimony may be act because of incompetency, refusal to
proceedings. — Rules of special an amount equivalent to the value of shall pass either real or personal estate the allowance of the will, the court may resorted to. accept the trust, or failure to give bond,
proceedings are provided for in the the personal property involved as unless it is proved and allowed in the grant allowance thereof on the Section 12. Proof where testator on the part of one or more of them,
following cases: certified to under oath by the parties proper court. Subject to the right of testimony of one of the subscribing petitions for allowance of holographic letters testamentary may issue to such
(a) Settlement of estate of deceased concerned and conditioned upon the appeal, such allowance of the will shall witnesses only, if such witness testify will. — Where the testator himself of them as are competent, accept and
persons; payment of any just claim that may be be conclusive as to its due execution. that the will was executed as is required petitions for the probate of his give bond, and they may perform the
(b) Escheat; filed under section 4 of this rule. It shall Section 2. Custodian of will to deliver. — by law. holographic will and no contest is filed, duties and discharge the trust required
(c) Guardianship and custody of be presumed that the decedent left no The person who has custody of a will In the case of a holographic will, it shall the fact that the affirms that the by the will.
children; debts if no creditor files a petition for shall, within twenty (20) days after he be necessary that at least one witness holographic will and the signature are in Section 6. When and to whom letters of
(d) Trustees; letters of administration within two (2) knows of the death of the testator, who knows the handwriting and his own handwriting, shall be sufficient administration granted. — If no
(e) Adoption; years after the death of the decedent. deliver the will to the court having signature of the testator explicitly evidence of the genuineness and due executor is named in the will, or the
(f) Rescission and revocation of The fact of the extrajudicial settlement jurisdiction, or to the executor named in declare that the will and the signature execution thereof. If the holographic executor or executors are incompetent,
adoption; or administration shall be published in a the will. are in the handwriting of the testator. In will is contested, the burden of refuse the trust, or fail to give bond, or
(g) Hospitalization of insane persons; newspaper of general circulation in the Section 3. Executor to present will and the absence of any such competent disproving the genuineness and due a person dies intestate, administration
(h) Habeas corpus; manner provided in the nest succeeding accept or refuse trust. — A person witness, and if the court deem it execution thereof shall be on the shall be granted:
(i) Change of name; section; but no extrajudicial settlement named as executor in a will shall, within necessary, expert testimony may be contestant. The testator to rebut the (a) To the surviving husband or wife, as
(j) Voluntary dissolution of shall be binding upon any person who twenty (20) days after he knows of the resorted to. evidence for the contestant. the case may be, or next of kin, or both,
corporations; has not participated therein or had no death of the testate, or within twenty Section 6. Proof of lost or destroyed will. Section 13. Certificate of allowance in the discretion of the court, or to such
(k) Judicial approval of voluntary notice thereof. (20) days after he knows that he is Certificate thereupon. — No will shall be attached to prove will. To be recorded in person as such surviving husband or
recognition of minor natural children; Section 2. Summary settlement of named executor if he obtained such proved as a lost or destroyed will unless the Office of Register of Deeds. — If the wife, or next of kin, requests to have
(l) Constitution of family home; estate of small value. — Whenever the knowledge after the death of the the execution and validity of the same court is satisfied, upon proof taken and appointed, if competent and willing to
(m) Declaration of absence and death; gross value of the estate of a deceased testator, present such will to the court be established, and the will is proved to filed, that the will was duly executed, serve;
(n) Cancellation of correction of entries person, whether he died testate or having jurisdiction, unless the will has have been in existence at the time of and that the testator at the time of its (b) If such surviving husband or wife, as
in the civil registry. intestate, does not exceed ten thousand reached the court in any other manner, the death of the testator, or is shown to execution was of sound and disposing the case may be, or next of kin, or the
Section 2. Applicability of rules of civil pesos, and that fact is made to appear and shall, within such period, signify to have been fraudulently or accidentally mind, and not acting under duress, person selected by them, be
actions. — In the absence of special to the Court of First Instance having the court in writing his acceptance of destroyed in the lifetime of the testator menace, and undue influence, or fraud, incompetent or unwilling, or if the
provisions, the rules provided for in jurisdiction of the estate by the petition the trust or his refusal to accept it. without his knowledge, nor unless its a certificate of its allowance, signed by husband or widow, or next of kin,
ordinary actions shall be, as far as of an interested person and upon Section 4. Custodian and executor provisions are clearly and distinctly the judge, and attested by the seal of neglects for thirty (30) days after the
practicable, applicable in special hearing, which shall be held not less subject to fine for neglect. — A person proved by at least two (2) credible the court shall be attached to the will death of the person to apply for
proceedings. than one (1) month nor more than who neglects any of the duties required witnesses. When a lost will is proved, and the will and certificate filed and administration or to request that
three (3) months from the date of the in the two last preceding sections the provisions thereof must be recorded by the clerk. Attested copies administration be granted to some
Settlement Of Estate Of Deceased last publication of a notice which shall without excused satisfactory to the distinctly stated and certified by the of the will devising real estate and of other person, it may be granted to one
Persons be published once a week for three (3) court shall be fined not exceeding two judge, under the seal of the court, and certificate of allowance thereof, shall be or more of the principal creditors, if
RULE 73 consecutive weeks in a newspaper of thousand pesos. the certificate must be filed and recorded in the register of deeds of the may be granted to one or more of the
Venue and Process general circulation in the province, and Section 5. Person retaining will may be recorded as other wills are filed and province in which the lands lie. principal creditors, if competent and
Section 1. Where estate of deceased after such other notice to interest committed. — A person having custody recorded. willing to serve;
persons settled. — If the decedents is an persons as the court may direct, the of a will after the death of the testator Section 7. Proof when witnesses do not RULE 77 (c) If there is no such creditor
inhabitant of the Philippines at the time court may proceed summarily, without who neglects without reasonable cause reside in province. — If it appears at the Allowance of Will Proved Outside of competent and willing to serve, it may
of his death, whether a citizen or an the appointment of an executor or to deliver the same, when ordered so to time fixed for the hearing that none of Philippines and Administration of be granted to such other person as the
alien, his will shall be proved, or letters administrator, and without delay, to do, to the court having jurisdiction, may the subscribing witnesses resides in the Estate Thereunder court may select.
of administration granted, and his grant, if proper, allowance of the will, if be committed to prison and there kept province, but that the deposition of one Section 1. Will proved outside
estate settled, in the Court of First any there be, to determine who are the until he delivers the will. or more of them can be taken Philippines may be allowed here. — RULE 79
Instance in the province in which he persons legally entitled to participate in elsewhere, the court may, on motion, Wills proved and allowed in a foreign Opposing Issuance Of Letters
resides at the time of his death, and if the estate, and to apportion and divide RULE 76 direct it to be taken, and may authorize country, according to the laws of such Testamentary. Petition And Contest
he is an inhabitant of a foreign country, it among them after the payment of Allowance or Disallowance of Will a photographic copy of the will to be country, may be allowed, filed, and For Letters Of Administration
the Court of First Instance of any such debts of the estate as the court Section 1. Who may petition for the made and to be presented to the recorded by the proper Court of First Section 1. Opposition to issuance of
province in which he had estate. The shall then find to be due; and such allowance of will. — Any executor, witness on his examination, who may Instance in the Philippines. letters testamentary. Simultaneous
court first taking cognizance of the persons, in their own right, if they are of devisee, or legatee named in a will, or be asked the same questions with Section 2. Notice of hearing for petition for administration. — Any
settlement of the estate of a decedent, lawful age and legal capacity, or by their any other person interested in the respect to it, and to the handwriting of allowance. — When a copy of such will person interested in a will may state in
shall exercise jurisdiction to the guardians or trustees legally appointed estate, may, at any time after the death the testator and others, as would be and of the order or decree of the writing the grounds why letters
exclusion of all other courts. The and qualified, if otherwise, shall of the testator, petition the court pertinent and competent if the original allowance thereof, both duly testamentary should not issue to the
jurisdiction assumed by a court, so far thereupon be entitled to receive and having jurisdiction to have the will will were present. authenticated, are filed with a petition persons named therein as executors, or
as it depends on the place of residence enter into the possession of the allowed, whether the same be in his Section 8. Proof when witnesses dead or for allowance in the Philippines, by the any of them, and the court, after
of the decedent, or of the location of his portions of the estate so awarded to possession or not, or is lost or insane or do not reside in the executor or other person interested, in hearing upon notice, shall pass upon
estate, shall not be contested in a suit them respectively. The court shall make destroyed. Philippines. — If the appears at the time the court having jurisdiction, such court the sufficiency of such grounds. A
or proceeding, except in an appeal from such order as may be just respecting the The testator himself may, during his fixed for the hearing that the shall fix a time and place for the petition may, at the time, be filed for
that court, in the original case, or when costs of the proceedings, and all orders lifetime, petition the court for the subscribing witnesses are dead or hearing, and cause notice thereof to be letters of administration with the will
the want of jurisdiction appears on the and judgments made or rendered in the allowance of his will. insane, or that given as in case of an original will annexed.
record. course thereof shall be recorded in the Section 2. Contents of petition. — A none of them resides in the Philippines, presented for allowance. Section 2. Contents of petition for
Section 2. Where estate settled upon office of the clerk, and the order of petition for the allowance of a will must the court may admit the testimony of Section 3. When will allowed, and effect letters of administration. — A petition
dissolution of marriage. — When the partition or award, if it involves real show, so far as known to the petitioner: other witnesses to prove the sanity of thereof. — If it appears at the hearing for letters of administration must be
marriage is dissolved by the death of estate, shall be recorded in the proper (a) The jurisdictional facts; the testator, and the due execution of that the will should be allowed in the filed by an interested person and must
the husband or wife, the community register's office. (b) The names, ages, and residences of the will; and as evidence of the Philippines, the shall so allow it, and a show, so far as known to the petitioner:
property shall be inventoried, Section 3. Bond to be filed by the heirs, legatees, and devisees of the execution of the will, it may admit proof certificate of its allowance, signed by (a) The jurisdictional facts;
administered, and liquidated, and the distributees. — The court, before testator or decedent; of the handwriting of the testator and the judge, and attested by the seal of (b) The names, ages, and residences of
debts thereof paid, in the testate or allowing a partition in accordance with (c) The probable value and character of of the subscribing witnesses, or of any the court, to which shall be attached a the heirs, and the names and residences
intestate proceedings of the deceased the provisions of the preceding section, the property of the estate; of them. copy of the will, shall be filed and of the creditors, of the decedent;
spouse. If both spouses have died, the my require the distributees, if property (d) The name of the person for whom Section 9. Grounds for disallowing will. recorded by the clerk, and the will shall (c) The probable value and character of
conjugal partnership shall be liquidated other than real is to be distributed, to letters are prayed; — The will shall be disallowed in any of have the same effect as if originally the property of the estate;
in the testate or intestate proceedings file a bond in an amount to be fixed by (e) If the will has not been delivered to the following cases: proves and allowed in such court. (d) The name of the person for whom
of either. court, conditioned for the payment of the court, the name of the person (a) If not executed and attested as Section 4. Estate, how administered. — letters of administration are prayed.
Section 3. Process. — In the exercise of any just claim which may be filed under having custody of it. required by law; When a will is thus allowed, the court But no defect in the petition shall
probate jurisdiction, Courts of First the next succeeding section. But no defect in the petition shall (b) If the testator was insane, or shall grant letters testamentary, or render void the issuance of letters of
Instance may issue warrants and Section 4. Liability of distributees and render void the allowance of the will, or otherwise mentally incapable to make a letters of administration with the will administration.
process necessary to compel the estate. — If it shall appear at any time the issuance of letters testamentary or will, at the time of its execution; annexed, and such letters testamentary Section 3. Court to set time for hearing.
attendance of witnesses or to carry into within two (2) years after the of administration with the will annexed. (c) If it was executed under duress, or or of administration, shall extend to all Notice thereof. — When a petition for
effect theirs orders and judgments, and settlement and distribution of an estate Section 3. Court to appoint time for the influence of fear, or threats; the estate of the testator in the letters of administration is filed in the
all other powers granted them by law. If in accordance with the provisions of proving will. Notice thereof to be (d) If it was procured by undue and Philippines. Such estate, after the court having jurisdiction, such court
a person does not perform an order or either of the first two sections of this published. — When a will is delivered improper pressure and influence, on the payment of just debts and expenses of shall fix a time and place for hearing the
judgment rendered by a court in the rule, that an heir or other person has to, or a petition for the allowance of a part of the beneficiary, or of some other administration, shall be disposed of petition, and shall cause notice thereof
exercise of its probate jurisdiction, it been unduly deprived of his lawful will is filed in, the court having person for his benefit; according to such will, so far as such will to be given to the known heirs and
may issue a warrant for the participation in the estate, such heir or jurisdiction, such court shall fix a time (e) If the signature of the testator was may operate upon it; and the residue, if creditors of the decedent, and to any
apprehension and imprisonment of such other person may compel the and place for proving the will when all procured by fraud or trick, and he did any shall be disposed of as is provided other persons believed to have an
such person until he performs such settlement of the estate in the courts in concerned may appear to contest the not intend that the instrument should by law in cases of estates in the interest in the estate, in the manner
order or judgment, or is released. the manner hereinafter provided for allowance thereof, and shall cause be his will at the time of fixing his Philippines belonging to persons who provided in sections 3 and 4 of Rule 76.
Section 4. Presumption of death. — For the purpose of satisfying such lawful notice of such time and place to be signature thereto. are inhabitants of another state or Section 4. Opposition to petition for
purposes of settlement of his estate, a participation. And if within the same published three (3) weeks successively, Section 10. Contestant to file grounds of country. administration. — Any interested
person shall be presumed dead if time of two (2) years, it shall appear previous to the time appointed, in a contest. — Anyone appearing to contest person may, by filing a written
absent and unheard from for the that there are debts outstanding against newspaper of general circulation in the the will must state in writing his RULE 78 opposition, contest the petition on the
periods fixed in the Civil Code. But if the estate which have not been paid, or province. grounds for opposing its allowance, and Letters Testamentary and of ground of the incompetency of the
such person proves to be alive, he shall that an heir or other person has been But no newspaper publication shall be serve a copy thereof on the petitioner Administration, When and to Whom person for whom letters are prayed
be entitled to the balance of his estate unduly deprived of his lawful made where the petition for probate and other parties interested in the Issued therein, or on the ground of the
after payment of all his debts. The participation payable in money, the has been filed by the testatorhimself. estate. Section 1. Who are incompetent to contestant's own right to the
balance may be recovered by motion in court having jurisdiction of the estate Section 4. Heirs, devisees, legatees, and Section 11. Subscribing witnesses serve as executors or administrators. — administration, and may pray that
the same proceeding. may, by order for that purpose, after executors to be notified by mail or produced or accounted for where will No person in competent to serve as letters issue to himself, or to any
hearing, settle the amount of such personally. — The court shall also cause contested. — If the will is contested, all executor or administrator who: competent person or person named in
RULE 74 debts or lawful participation and order copies of the notice of the time and the subscribing witnesses, and the (a) Is a minor; the opposition.
Summary Settlement of Estate how much and in what manner each place fixed for proving the will to be notary in the case of wills executed (b) Is not a resident of the Philippines; Section 5. Hearing and order for letters
Section 1. Extrajudicial settlement by distributee shall contribute in the addressed to the designated or other under the Civil Code of the Philippines, and to issue. — At the hearing of the
agreement between heirs. — If the payment thereof, and may issue known heirs, legatees, and devisees of if present in the Philippines and not (c) Is in the opinion of the court unfit to petition, it must first be shown that
decedent left no will and no debts and execution, if circumstances require, the testator resident in the Philippines insane, must be produced and execute the duties of the trust by notice has been given as hereinabove
the heirs are all of age, or the minors against the bond provided in the at their places of residence, and examined, and the death, absence, or reason of drunkenness, improvidence, required, and thereafter the court shall
are represented by their judicial or legal preceding section or against the real deposited in the post office with the insanity of any of them must be or want of understanding or integrity, hear the proofs of the parties in support
representatives duly authorized for the estate belonging to the deceased, or postage thereon prepaid at least twenty satisfactorily shown to the court. If all or by reason of conviction of an offense of their respective allegations, and if
purpose, the parties may without both. Such bond and such real estate (20) days before the hearing, if such or some of such witnesses are present involving moral turpitude. satisfied that the decedent left no will,
securing letters of administration, shall remain charged with a liability to places of residence be known. A copy of in the Philippines but outside the Section 2. Executor of executor not to or that there is no competent and
divide the estate among themselves as creditors, heirs, or other persons for the the notice must in like manner be province where the will has been filed, administer estate. — The executor of an willing executor, it shall order the
they see fit by means of a public full period of two (2) years after such mailed to the person named as their deposition must be taken. If any or executor shall not, as such, administer issuance of letters of administration to
instrument filed in the office of the distribution, notwithstanding any executor, if he be not the petitioner; all of them testify against the due the estate of the first testator. the party best entitled thereto.
register of deeds, and should they transfers of real estate that may have also, to any person named as execution of the will, or do not Section 3. Married women may serve. Section 6. When letters of
disagree, they may do so in an ordinary been made. coexecutor not petitioning, if their remember having attested to it, or are — A married woman may serve as administration granted to any
action of partition. If there is only one Section 5. Period for claim of minor or places of residence be known. Personal otherwise of doubtful credibility, the executrix or administratrix, and the applicant. — Letters of administration
heir, he may adjudicate to himself the incapacitated person. — If on the date service of copies of the notice at lest will may nevertheless, be allowed if the marriage of a single woman shall not may be granted to any qualified
entire estate by means of an affidavit of the expiration of the period of two (10) days before the day of hearing shall court is satisfied from the testimony of affect her authority so to serve under a applicant, though it appears that there
filled in the office of the register of (2) years prescribed in the preceding be equivalent to mailing. other witnesses and from all the previous appointment. are other competent persons having
deeds. The parties to an extrajudicial section the person authorized to file a If the testator asks for the allowance of evidence presented that the will was Section 4. Letters testamentary issued better right to the administration, if
settlement, whether by public claim is a minor or mentally his own will, notice shall be sent only to executed and attested in the manner when will allowed. — When a will has such persons fail to appear when
instrument or by stipulation in a incapacitated, or is in prison or outside his compulsory heirs. required by law. been proved and allowed, the court notified and claim the issuance of
pending action for partition, or the sole the Philippines, he may present his Section 5. Proof at hearing. What If a holdgraphic will is contested, the shall issue letters testamentary thereon letters to themselves.
heir who adjudicates the entire estate claim within one (1) year after such sufficient in absence of contest. — At same shall be allowed if at least three to the person named as executor
to himself by means of an affidavit shall disability is removed. the hearing compliance with the (3) witnesses who know the therein, if he is competent, accepts the RULE 80
file, simultaneously with and as a provisions of the last two preceding handwriting of the testator explicitly trust, and gives bond as required by Special Administrator
condition precedent to the filing of the RULE 75 sections must be shown before the declare that the will and the signature these rules.
Section 1. Appointment of special time as the court directs. Proceeding for Section 3. Executor or administrator to When the deceased by will makes some decedent, instead of presenting them in offset any claim which the decedent
administrator. — When there is delay in the issuance of letters testamentary or retain whole estate to pay debts, and to other provision for the compensation of independently to the court as herein before death had against the claimant,
granting letters testamentary or of of administration under the will shall be administer estate not willed. — An his executor, that provision shall be a provided, and mutual claims may be set and his failure to do so shall bar the
administration by any cause including as hereinbefore provided. executor or administrator shall have the full satisfaction for his services unless by off against each other in such action; claim forever. A copy of the answer
an appeal from the allowance or Section 2. Court may be remove or right to the possession and a written instrument filed in the court and if final judgment is rendered in shall be served by the executor or
disallowance of a will, the court may accept resignation of executor or management of the real as well as the he renounces all claim to the favor of the defendant, the amount so administrator on the claimant. The
appoint a special administrator to take administrator. Proceeding upon death, personal estate of the deceased so long compensation provided by the will. determined shall be considered the true court in its discretion may extend the
possession and charge of the estate of resignation, or removal. — If an as it is necessary for the payment of the Section 8. When executor or balance against the estate, as though time for filing such answer.
the deceased until the questions executor or administrator neglects to debts and the expenses of administrator to render account. — the claim had been presented directly Section 11. Disposition of admitted
causing the delay are decided and render his account and settle the estate administration. Every executor or administrator shall before the court in the administration claim. — Any claim admitted entirely by
executors or administrators appointed. according to law, or to perform an order render an account of his administration proceedings. Claims not yet due, or the executor or administrator shall
Section 2. Powers and duties of special or judgment of the court, or a duty RULE 85 within one (1) year from the time of contingent, may be approved at their immediately be submitted by the clerk
adminsitrator. — Such special expressly provided by these rules, or Accountability and Compensation of receiving letters testamentary or of present value. to the court who may approve the same
administrator shall take possession and absconds, or becomes insane, or Executors and Administrators administration, unless the court Section 6. Solidary obligation of without hearing; but the court, in its
charge of the goods, chattels, rights, otherwise incapable or insuitable to Section 1. Executor or administrator otherwise directs because of extensions decedent. — Where the obligation of discretion, before approving the claim,
credits, and estate of the deceased and discharge the trust, the court may chargeable with all estate and income. of time for presenting claims against, or the decedent is solidary with another may order that known heirs, legatees,
preserve the same for the executors or remove him, or in its discretion, may — Except as otherwise expressly paying the debts of, the estate, or for debtor, the claim shall be filed against or devisees be notified and heard. If
administrator afterwards appointed, permit him to resign. When an executor provided in the following sections, disposing of the estate; and he shall the decedent as if he were the only upon hearing, an heir, legatees, or
and for that purpose may commence or administrator dies, resign, or is every executor or administrator is render such further accounts as the debtor, without prejudice to the right of devisee opposes the claim, the court
and maintain suits as administrator. He removed the remaining executor or chargeable in his account with the court may require until the estate is the estate to recover contribution from may, in its discretion, allow him fifteen
may sell only such perishable and other administrator may administer the the whole of the estate of the deceased wholly settled. the debtor. In a joint obligation of the (15) days to file an answer to the claim
property as the court orders sold. A trust alone, unless the court grants which has come into his possession, at Section 9. Examinations on oath with decedent, the claim shall be confined to in the manner prescribed in the
special administrator shall not be liable letters to someone to act with him. If the value of the appraisement respect to account — The court may the portion belonging to him. preceding section.
to pay any debts of the deceased unless there is no remaining executor or contained in the inventory; with all the examine the executor or administrator Section 7. Mortgage debt due from Section 12. Trial of contested claim. —
so ordered by the court. administrator, administration may be to interest, profit, and income of such upon oath with respect to every matter estate. — A creditor holding a claim Upon the filing of an answer to a claim,
Section 3. When powers of special any suitable person. estate; and with the proceeds of so relating to any account rendered by against the deceased secured by or upon the expiration of the time for
administrator cease. Transfer of effects. Section 3. Acts before revocation, much of the estate as is sold by him, at him, and shall so examine him as to the mortgage or other colateral security, such filing, the clerk of court shall set
Pending suits. — When letters resignation, or removal to be valid. — the price at which it was sold. correctness of his account before the may abandon the security and the claim for trial with notice to both
testamentary or of administration are The lawful acts of an executor or Section 2. Not to profit by increase or same is allowed, except when no prosecute his claim in the manner parties. The court may refer the claim to
granted on the estate of the deceased, administrator before the revocation of lose by decrease in value. — No objection is made to the allowance of provided in this rule, and share in the a commissioner.
the powers of the special administrator his letters testamentary or of executor or administrator shall profit by the account and its correctness is general distribution of the assets of the Section 13. Judgment appealable. —
shall cease, and he shall forthwith administration, or before his resignation the increase, or suffer loss by the satisfactorily established by competent estate; or he may foreclose his The judgment of the court approving or
deliver to the executor or administrator or removal, shall have the like validity as decrease or destruction, without his proof. The heirs, legatees, distributees, mortgage or realize upon his security, disapproving a claim, shall be filed with
the goods, chattels, money, and estate if there had been no such revocation, fault, of any part of the estate. He must and creditors of the estate shall have by action in court, making the executor the record of the administration
of the deceased in his hands. The resignation, or removal. account for the excess when he sells the same privilege as the executor or or administrator a party defendant, and proceedings with notice to both parties,
executor or administrator may Section 4. Powers of new executor or any part of the estate for more than the administrator of being examined on if there is a judgment for a deficiency, and is appealable as in ordinary cases. A
prosecute to final judgment suits administrator. Renewal of license to sell appraisement, and if any is sold for the oath on any matter relating to an after the sale of the mortgaged judgment against the executor or
commenced by such special real estate. — The person to whom less than the appraisement, he is not administration account. premises, or the property pledged, in administrator shall be that he pay, in
administrator. letters testamentary or of responsible for the loss, if the sale has Section 10. Account to be settled on the foreclosure or other proceeding to due course of administration, the
administration are granted after the justly made. If he settles any claim notice. — Before the account of an realize upon the security, he may claim amount ascertained to be due, and it
RULE 81 revocation of former letters, or the against the estate for less than its executor or administrator is allowed, his deficiency judgment in the manner shall not create any lien upon the
Bond of Executors and Administrators death, resignation, or removal of a nominal value, he is entitled to charge notice shall be given to persons provided in the preceding section or he property of the estate, or give to the
Section 1. Bond to be given issuance of former executor or administrator, shall in his account only the amount he interested of the time and place of may rely upon his mortgage or other judgment creditor any priority of
letters. Amount. Conditions. — Before have the like powers to collect and actually paid on the settlement. examining and allowing the same; and security alone, and foreclosure the payment.
an executor or administrator enters settle the estate not administered that Section 3. When not accountable for such notice may be given personally to same at any time within the period of Section 14. Costs. — When the executor
upon the execution of his trust, and the former executor or administrator debts due estate. — No executor or such persons interested or by the statute of limitations, and in that or administrator, in his answer, admits
letters testamentary or administration had, and may prosecute or defend administrator shall be accountable for advertisement in a newspaper or event he shall not be admitted as a and offers to pay part of a claim, and
issue, he shall give a bond, in such sum actions commenced by or against the debts due the deceased which remain newspapers, or both, as the court creditor, and shall receive no share in the claimant refuses to accept the
as the court directs, conditioned as former executor or administrator, and uncollected without his fault. directs. the distribution of the other assets of amount offered in satisfaction of his
follows: have execution on judgments recovered Section 4. Accountable for income from Section 11. Surety on bond may be estate; but nothing herein contained claim, if he fails to obtain a more
(a) To make and return to the court, in the name of such former executor or realty used by him. — If the executor or party to accounting. — Upon the shall prohibit the executor or favorable judgment, he cannot recover
within three (3) months, a true and administrator. An authority granted by administrator uses or occupies any part settlement of the account of an administrator from redeeming the costs, but must pay to the executor or
complete inventory of all goods, the court to the former executor or of the real estate himself, he shall executor or administrator, a person property mortgaged or pledged, by administrator costs from the time of the
chattels, rights, credits, and estate of administrator for the sale or mortgage account for it as may be agreed upon liable as surety in respect to such paying the debt for which it is held as offer. Where an action commenced
the deceased which shall come to his of real estate may be renewed in favor between him and the parties interested, account may, upon application, be security, under the direction of the against the deceased for money has
possession or knowledge or to the of such person without further notice or or adjusted by the court with their admitted as party to such accounting. court, if the court shall adjudge it to be been discontinued and the claim
possession of any other person for him; hearing. assent; and if the parties do not agree for the best interest of the estate that embraced therein presented as in this
(b) To administer according to these upon the sum to be allowed, the same RULE 86 such redemption shall be made. rule provided, the prevailing party shall
rules, and, if an executor, according to RULE 83 may be ascertained by the court, whose Claims Against Estate Section 8. Claim of executor or be allowed the costs of his action up to
the will of the testator, all goods, Inventory and Appraisal. Provision for determination in this respect shall be Section 1. Notice to creditors to be administrator against an estate. — If the time of its discontinuance.
chattels, rights, credits, and estate Support of Family final. issued by court. — Immediately after the executor or administrator has a
which shall at any time come to his Section 1. Inventory and appraisal to be Section 5. Accountable if he neglects or granting letters testamentary or of claim against the estate he represents, RULE 87
possession or to the possession of any returned within three months. — Within delays to raise or pay money. — When administration, the court shall issue a he shall give notice thereof, in writing, Actions By and Against Executors and
other person for him, and from the three (3) months after his appointment an executor or administrator neglects or notice requiring all persons having to the court, and the court shall appoint Administrators
proceeds to pay and discharge all debts, every executor or administrator shall unreasonably delays to raise money, by money claims against the decedent to a special administrator, who shall, in the Section 1. Actions which may and which
legacies, and charges on the same, or return to the court a true inventory and collecting the debts or selling the real or file them in the office of the clerk of adjustment of such claim, have the may not be brought against executor or
such dividends thereon as shall be appraisal of all real and personal estate personal estate of the deceased, or said court. same power and be subject to the same administrator. — No action upon a
decreed by the court; of the deceased which has come into neglects to pay over the money he has Section 2. Time within which claims liability as the general administrator or claim for the recovery of money or debt
(c) To render a true and just account of his possession or knowledge. In the in his hands, and the value of the estate shall be filed. — In the notice provided executor in the settlement of other or interest thereon shall be commenced
his administration to the court within appraisement of such estate, the court is thereby lessened or unnecessary cost in the preceding section, the court shall claims. The court may order the against the executor or administrator;
one (1) years, and at any other time may order one or more of the or interest accrues, or the persons estate the time for the filing of claims executor or administrator to pay to the but to recover real or personal
when required by the court; inheritance tax appraisers to give his or interested suffer loss, the same shall be against the estate, which shall not be special administrator necessary funds to property, or an interest therein, from
(d) To perform all orders of the court by their assistance. deemed waste and the damage more than twelve (12) not less than six defend such claim. the estate, or to enforce a lien thereon,
him to be performed. Section 2. Certain article not to be sustained may be charged and allowed (6) months after the date of the first Section 9. How to file a claim. Contents and actions to recover damages for an
Section 2. Bond of executor where inventoried. — The wearing apparel of against him in his account, and he shall publication of the notice. However, at thereof. Notice to executor or injury to person or property, real or
directed in will. When further bond the surviving husband or wife and minor be liable therefor on his bond. any time before an order of distribution administrator. — A claim may be filed personal, may be commenced against
required. — If the testator in his will children., the marriage bed and Section 6. When allowed money paid as is entered, on application of a creditor by delivering the same with the him.
directs that the executors serve without bedding, and such provisions and other cost. — The amount paid by an who has failed to file his claim within necessary vouchers to the clerk of court Section 2. Executor or administrator
bond, or with only his individual bond, articles as will necessarily be consumed executor or administrator for costs the previously limited, the court may, and by serving a copy thereof on the may bring or defend actions which
he may be allowed by the court to give in the substinence of the family of the awarded against him shall be allowed in for cause shown and on such terms as executor or administrator. If the claim survive. — For the recovery or
bond in such sum and with such surety deceased, under the direction of the his administration account, unless it are equitable, allow such claim to be be founded on a bond, bill, note, or any protection of the property or rights of
as the court approves conditioned only court, shall not be considered as assets, appears that the action or proceeding in filed within a time not exceeding one (1) other instrument, the original need not the deceased, an executor or
to pay the debts of the testator; but the nor administered as such, and shall not which the costs are taxed was month. be filed, but a copy thereof with all administrator may bring or defend, in
court may require of the executor a be included in the inventory. prosecuted or resisted without just Section 3. Publication of notice to indorsements shall be attached to the the right of deceased, actions for causes
further bond in case of a change in his Section 3. Allowance to widow and cause, and not in good faith. creditors. — Every executor or claim and filed therewith. On demand, which survive.
circumstance, or for other sufficient family. — The widow and minor or Section 7. What expenses and fees administrator shall, immediately after however, of the executor or Section 3. Heir may not sue until shall
case, with the conditions named in the incapacitated children of a deceased allowed executor or administrator. Not the notice to creditors is issued, cause administrator, or by order of the court assigned — When an executor or
last preceding section. person, during the settlement of the to charge for services as attorney. the same to be published three (3) or judge, the original shall be exhibited, administrator is appointed and assumes
Section 3. Bonds of joint executors and estate, shall receive therefrom, under Compensation provided by will controls weeks successively in a newspaper of unless it be list or destroyed, in which the trust, no action to recover the title
administrators. — When two or more the direction of the court, such unless renounced. — An executor or general circulation in the province, and case the claimant must accompany his or possession of lands or for damages
persons are appointed executors or allowance as are provided by law. administrator shall be allowed the to be posted for the same period in four claim with affidavit or affidavits done to such lands shall be maintained
administrators the court may take a necessary expenses the care, public places in the province and in two containing a copy or particular against him by an heir or devisee until
separate bond from each, or a joint RULE 84 management, and settlement of the public places in the municipality where description of the instrument and there is an order of the court assigning
bond from all. General Powers and Duties of estate, and for his services, four pesos the decedent last resided. stating its loss or destruction. When the such lands to such heir or devisee or
Section 4. Bond of special Executors and Administrators per day for the time actually and Section 4. Filing of copy of printed claim is due, it must be supported by until the time allowed for paying debts
administrator. — A special Section 1. Executor or administrator to necessarily employed, or a commission notice. — Within ten (10) days after the affidavit stating the amount justly due, has expired.
administrator before entering upon the have access to partnership books and upon the value of so much of the estate notice has been published and posted in that no payments have been made Section 4. Executor or administrator
duties of his trust shall give a bond, in property. How right enforced. — The as comes into his possession and is accordance with the preceding section, thereon which are not credited, and may compound with debtor. — Within
such sum as the court directs, executor or administrator of the estate finally disposed of by him in the the executor or administrator shall file that there are no offsets to the same, to the approval of the court, an executor
conditioned that he will make and of a deceased partner shall at all times payment of debts, expenses, legacies, or cause to be filed in the court a the knowledge of the affiant. If the or administrator may compound with
return a true inventory of the goods, have access to, and may examine and or distributive shares, or by delivery to printed copy of the notice accompanied claim is not due, or is contingent, when the debtor of the deceased for a debt
chattels, rights, credits, and estate of take copies of, books and papers heirs or devisees, of two per centum of with an affidavit setting forth the dates filed, it must also be supported by due, and may give a discharge of such
the deceased which come to his relating to the partnership business, the first five thousand pesos of such of the first and last publication thereof affidavits stating the particulars thereof. debt on receiving a just dividend of the
possession or knowledge, and that he and make examine and make invoices value, one per centum of so much of and the name of the newspaper in When the affidavit is made by a person estate of the debtor.
will truly account for such as are of the property belonging to such such value as exceeds five thousand which the same is printed. other than the claimant, he must set Section 5. Mortgage due estate may be
received by him when required by the partnership; and the surviving partner pesos and does not exceed thirty Section 5. Claims which must be filed forth therein the reason why it is not foreclosed. — A mortgage belonging to
court, and will deliver the same to the or partners, on request, shall exhibit to thousand pesos, one-half per centum of under the notice. If not filed, barred; made by the claimant. The claim once the estate of a deceased person, as
person appointed executor or him all such books, papers, and so much of such value as exceed one exceptions. — All claims for money filed shall be attached to the record of mortgagee or assignee of the right or a
administrator, or to such other person property in their hands or control. On hundred thousand pesos. But in any against the decent, arising from the case in which the letters mortgage, may be foreclosed by the
as may be authorized to receive them. the written application of such executor special case, where the estate is large, contract, express or implied, whether testamentary or of administration were executor or administrator.
or administrator, the court having and the settlement has been attended the same be due, not due, or issued, although the court, in its Section 6. Proceedings when property
RULE 82 jurisdiction of the estate may order any with great difficulty, and has required a contingent, all claims for funeral discretion, and as a matter of concealed, embezzled, or fraudulently
Revocation of Administration, Death, such surviving partner or partners to high degree of capacity on the part of expenses and expense for the last convenience, may order all the claims to conveyed. — If an executor or
Resignation, and Removal of Executors freely permit the exercise of the rights, the executor or administrator, a greater sickness of the decedent, and judgment be collected in a separate folder. administrator, heir, legatee, creditor or
or Administrators and to exhibit the books, papers, and sum may be allowed. If objection to the for money against the decent, must be Section 10. Answer of executor or other individual interested in the estate
Section 1. Administration revoked if will property, as in this section provided, fees allowed be taken, the allowance filed within the time limited in the administrator. Offsets —Within fifteen of the deceased, complains to the court
discovered. Proceedings thereupon. — If and may punish any partner failing to may be re-examined on appeal. notice; otherwise they are barred (15) days after service of a copy of the having jurisdiction of the estate that a
after letters of administration have do so for contempt. If there are two or more executors or forever, except that they may be set claim on the executor or administrator, person is suspected of having
been granted on the estate of a Section 2. Executor or administrator to administrators, the compensation shall forth as counterclaims in any action that he shall file his answer admitting or concealed, embezzled, or conveyed
decedent as if he had died intestate, his keep buildings in repair. — An executor be apportioned among them by the the executor or administrator may bring denying the claim specifically, and away any of the money, goods, or
will is proved and allowed by the court, or administrator shall maintain in court according to the services actually against the claimants. Where an setting forth the admission or denial. If chattels of the deceased, or that such
the letters of administration shall be tenanble repair the houses and other rendered by them respectively. executor or administrator commences he has no knowledge sufficient to person has in his possession or has
revoked and all powers thereunder structures and fences belonging to the When the executors or administrator is an action, or prosecutes an action enable him to admit or deny knowledge of any deed, conveyance,
cease, and the administrator shall estate, and deliver the same in such an attorney, he shall not charge against already commenced by the deceased in specifically, he shall state such want of bond, contract, or other writing which
forthwith surrender the letters to the repair to the heirs or devisees when the estate any professional fees for his lifetime, the debtor may set forth by knowledge. The executor or contains evidence of or tends or
court, and render his account with such directed so to do by the court. legal services rendered by him. answer the claims he has against the administrator in his answer shall allege discloses the right, title, interest, or
claim of the deceased, the court may — If the testator makes provision by his resident's estate paid. — If it appears to Section 2. When court may authorize (b) The court shall thereupon fix a time Section 2. Questions as to advancement
cite such suspected person to appear will, or designates the estate to be the court having jurisdiction that claims sale, mortgage, or other encumbrance and place for hearing such petition, and to be determined. — Questions as to
before it any may examine him on oath appropriated for the payment of his have been duly proven in another of realty to pay debts and legacies cause notice stating the nature of the advancement made, or alleged to have
on the matter of such complaint; and if debts, the expenses of administration, country against the estate of an through personalty not exhausted. — petition, the reasons for the same, and been made, by the deceased to any heir
the person so cited refuses to appear, or the family expenses, they shall be insolvent who was at the time of his When the personal estate of the the time and place of hearing, to be may be heard and determined by the
or to answer on such examination or paid according to the provisions of the death an inhabitant of the Philippines, deceased is not sufficient to pay the given personally or by mail to the court having jurisdiction of the estate
such interrogatories as are put to him, will; but if the provision made by the and that the executor or administrator debts, expenses of administration, and persons interested, and may cause such proceedings; and the final order of the
the court may punish him for contempt, will or the estate appropriated, is not in the Philippines had knowledge of the legacies, or where the sale of such further notice to be given, by court thereon shall be binding on the
and may commit him to prison until he sufficient for that purpose, such part of presentation of such claims in such personal estate may injure the business publication or otherwise, as it shall person raising the questions and on the
submits to the order of the court. The the estate of the testator, real or country and an opportunity to contest or other interests of those interested in deem proper; heir.
interrogatories put any such person, personal, as is not disposed of by will, if their allowance, the court shall receive the estate, and where a testator has not (c) If the court requires it, the executor Section 3. By whom expenses of
and his answers thereto, shall be in any shall be appropriated for that a certified list of such claims, when otherwise made sufficient provision for or administrator shall give an additional partition paid. — If at the time of
writing and shall be filed in the clerk's purpose. perfected in such country, and add the the payment of such debts, expenses, bond, in such sum as the court directs, distribution the executor or
office. Section 3. Personalty first chargeable same to the list of claims proved against and legacies, the court, on the conditioned that such executor or administrator has retained sufficient
Section 7. Person entrusted with estate for debts, then realty. — The personal the deceased person in the Philippines application of the executor or administrator will account for the effects in his hands which may lawfully
compelled to render account. — The estate of the deceased not disposed of so that a just distribution of the whole administrator and on written notice of proceeds of the sale, mortgage, or other be applied for the expenses of partition
court, on complaint of an executor or by will shall be first chargeable with the estate may be made equally among all the heirs, devisees, and legatees encumbrance; of the properties distributed, such
administrator, may cite a person payment of debts and expenses; and if its creditors according to their residing in the Philippines, may (d) If the requirements in the preceding expenses of partition may be paid by
entrusted by an executor or said personal estate is not sufficient for respective claims; but the benefit of this authorize the executor or administrator subdivisions of this section have been such executor or administrator when it
administrator with any part of the tat purpose, or its sale would redound and the preceding sections shall not be to sell, mortgage, or otherwise complied with, the court, by order appears equitable to the court and not
estate of the deceased to appear before to the detriment of the participants for extended to the creditors in another encumber so much as may be necessary stating such compliance, may authorize inconsistent with the intention of the
it, and may require such person to the estate, the whole of the real estate country if the property of such of the real estate, in lieu of personal the executor or administrator to sell, testator; otherwise, they shall be paid
render a full account, on oath, of the not dispose of by will, or so much deceased person there found is not estate, for the purpose of paying such mortgage, or otherwise encumber, in by the parties in proportion to their
money, goods, chattels, bonds, account, thereof as is necessary, may be sold, equally apportioned to the creditors debts, expenses, and legacies, if it proper cases, such part of the estate as respective shares or interest in the
or other papers belonging to such mortgaged, or otherwise encumbered residing in the Philippines and the other clearly appears that such sale, is deemed necessary, and in case of sale premises, and the apportionment shall
estate as came to his possession in trust for that purpose by the executor or creditor, according to their respective mortgage, or encumbrance would be the court may authorize it to be public be settled and allowed by the court,
for such executor or administrator, and administrator, after obtaining the claims. beneficial to the persons interested; or private, as would be most beneficial and, if any person interested in the
of his proceedings thereon; and if the authority of the court therefor. Any Section 11. Order for payment of debts. and if a part cannot be sold, mortgaged, to all parties concerned. The executor partition does not pay his proportion or
person so cited refuses to appear to deficiency shall be met by contributions — Before the expiration of the time or otherwise encumbered without or administrator shall be furnished with share, the court may issue an execution
render such account, the court may in accordance with the provisions of limited for the payment of the debts, injury to those interested in the a certified copy of such order; in the name of the executor or
punish him for contempt as having section 6 of this rule. the court shall order the payment remainder, the authority may be for the (e) If the estate is to be sold at auction, administrator against the party not
disobeyed a lawful order of the court. Section 4. Estate to be retained to meet thereof, and the distribution of the sale, mortgage, or other encumbrance the mode of giving notice of the time paying the sum assessed.
Section 8. Embezzlement before letters contingent claims. — If the court is assets received by the executor or of the whole of such real estate, or so and place of the sale shall be governed Section 4. Recording the order of
issued — If a person, before the satisfied that a contingent claim duly administrator for that purpose among much thereof as is necessary or by the provisions concerning notice of partition of estate. — Certified copies of
granting of letters testamentary or of filed is valid, it may order the executor the creditors, as the circumstances of beneficial under the circumstances. execution sale; final orders and judgments of the court
administration on the estate of the or administrator to retain in his hands the estate require and in accordance Section 3. Persons interested may (f) There shall be recorded in the relating to the real estate or the
deceased, embezzles or alienates any of sufficient estate to pay such contingent with the provisions of this rule. prevent such sale, etc., by giving bond. registry of deeds of the province in partition thereof shall be recorded in
the money, goods, chattels, or effects of claim when the same becomes Section 12. Orders relating to payment — No such authority to sell, mortgage, which the real estate thus sold, the registry of deeds of the province
such deceased, such person shall be absolute, or if the estate is insolvent, of debts where appeal is taken. — If an or otherwise encumber real or personal mortgage, or otherwise encumbered is where the property is situated.
liable to an action in favor of the sufficient to pay a portion equal to the appeal has been taken from a decision estate shall be granted if any person situated, a certified copy of the order of
executor or administrator of the estate dividend of the other creditors. of the court concerning a claim, the interested in the estate gives a bond, in the court, together with the deed of the RULE 91
for double the value of the property Section 5. How contingent claim court may suspend the order for the a sum to be fixed by the court, executor or administrator for such real Escheats
sold, embezzled, or alienated, to be becoming absolute in two years allowed payment of the debts or may order the conditioned to pay the debts, expenses estate, which shall be as valid as if the Section 1. When an by whom petition
recovered for the benefit of such estate. and paid. Action against distributees distributions among the creditors of administration, and legacies within deed had been executed by the filed. — When a person dies intestate,
Section 9. Property fraudulently later. — If such contingent claim whose claims are definitely allowed, such time as the court directs; and such deceased in his lifetime. seized of real property in the
conveyed by deceased may be becomes absolute and is presented to leaving in the hands of the executor or bond shall be for the security of the Section 8. When court may authorize Philippines, leaving no heir or person by
recovered. When executor or the court, or to the executor or administrator sufficient assets to pay creditors, as well as of the executor or conveyance of realty which deceased law entitled to the same, the Solicitor
administrator must bring action. — administrator, within two (2) years from the claim disputed and appealed. When administrator, and may be prosecuted contracted to convey. Notice. Effect of General or his representative in behalf
When there is a deficiency of assets in the time limited for other creditors to a disputed claim is finally settled the for the benefit of either. deed. — Where the deceased was in his of the Republic of the Philippines, may
the hands of an executor or present their claims, it may be allowed court having jurisdiction of the estate Section 4. When court may authorize lifetime under contract, binding in law, file a petition in the Court of First
administrator for the payment of debts by the court if not disputed by the shall order the same to be paid out of sale of estate as beneficial to interested to deed real property, or an interest Instance of the province where the
and expenses of administration, and the executor or administrator and, if the assets retained to the same extent persons. Disposal of proceeds. — When therein, the court having jurisdiction of deceased last resided or in which he
deceased in his lifetime had conveyed disputed, it may be proved and allowed and in the same proportion with the it appears that the sale of the whole or the estate may, on application for that had estate, if he resided out of the
real or personal property, or a right or or disallowed by the court as the facts claims of other creditors. a part of the real or personal estate, will purpose, authorize the executor or Philippines, setting forth the facts, and
interest therein, or an debt or credit, may warrant. If the contingent claim is Section 13. When subsequent be beneficial to the heirs, devisees, administrator to convey such property praying that the estate of the deceased
with intent to defraud his creditors or to allowed, the creditor shall receive distribution of assets ordered. — If the legatees, and other interested persons, according to such contract, or with such be declared escheated.
avoid any right, debt, or duty; or had so payment to the same extent as the whole of the debts are not paid on the the court may, upon application of the modifications as are agreed upon by the Section 2. Order for hearing. — If the
conveyed such property, right, interest, other creditors if the estate retained by first distribution, and if the whole assets executor or administrator and on parties and approved by the court; and petition is sufficient in form and
debt or credit that by law the the executor or administrator is are not distributed, or other assets written notice to the heirs, devisees, if the contract is to convey real property substance, the court, by an order
conveyance would be void as against his sufficient. But if the claim is not so afterwards come to the hands of the and legatees who are interested in the to the executor or administrator, the reciting the purpose of the petition,
creditors, and the subject of the presented, after having become executor or administrator, the court estate to be sold, authorize the clerk of court shall execute the deed. shall fix a date and place for the hearing
attempted conveyance would be liable absolute, within said two (2) years, and may from time to time make further executor or administrator to sell the The deed executed by such executor, thereof, which date shall be not more
to attachment by any of them in his allowed, the assets retained in the orders for the distributions of assets. whole or a part of said estate, although administrator, or clerk of court shall be than six (6) months after the entry of
lifetime, the executor or administrator hands of the executor or administrator, Section 14. Creditors to be paid in not necessary to pay debts, legacies, or as affectual to convey the property as if the order, and shall direct that a copy of
may commence and prosecute to final not exhausted in the payment of claims, accordance with terms of order. — expenses of administration; but such executed by the deceased in his the order be published before the
judgment an action for the recovery of shall be disturbed by the order of the When an order is made for the authority shall not be granted if lifetime; but no such conveyance shall hearing at least once a week for six (6)
such property, right, interest, debt, or court to the persons entitled to the distribution of assets among the inconsistent with the provisions of a be authorized until notice of the successive weeks in some newspaper of
credit for the benefit of the creditors; same; but the assets so distributed may creditors, the executor or will. In case of such sale, the proceeds application for that purpose has been general circulation published in the
but he shall not be bound to commence still be applied to the payment of the administration shall, as soon as the time shall be assigned to the persons entitled given personally or by mail to all province, as the court shall be deem
the action unless on application of the claim when established, and the of payment arrives, pay the creditors to the estate in the proper proportions. persons interested, and such further best.
creditors of the deceased, not unless creditor may maintain an action against the amounts of their claims, or the Section 5. When court may authorize notice has been given, by publication or Section 3. Hearing and judgment. —
the creditors making the application pay the distributees to recover the debt, dividend thereon, in accordance with sale, mortgage, or other encumbrance otherwise, as the court deems proper; Upon satisfactory proof in open court
such part of the costs and expenses, or and such distributees and their estates the terms of such order. of estate to pay debts and legacies in nor if the assets in the hands of the on the date fixed in the order that such
give security therefor to the executor or shall be liable for the debt in proportion Section 15. Time for paying debts and other countries. — When the sale of executor or administrator will thereby order has been published as directed
administrator, as the court deems to the estate they have respectively legacies fixed, or extended after notice, personal estate, or the sale, mortgage, be reduced so as to prevent a creditor and that the person died intestate,
equitable. received from the property of the within what periods. — On granting or other encumbrance of real estate is from receiving his full debt or diminish seized of real or personal property in
Section 10. When creditor may bring deceased. letters testamentary or administration not necessary to pay the debts, his dividend. the Philippines, leaving no heir or
action. Lien for costs. — When there is Section 6. Court to fix contributive the court shall allow to the executor or expenses of administration, or legacies Section 9. When court may authorize person entitled to the same, and no
such a deficiency of assets, and the shares where devisees, legalitees, or administrator a time for disposing of in the Philippines, but it appears from conveyance of lands which deceased sufficient cause being shown to the
deceased in his lifetime had made or heirs have been possession. — Where the estate and paying the debts and records and proceedings of a probate held in trust. — Where the deceased in contrary, the court shall adjudge that
attempted such a conveyance, as is devisees, legalitees, or heirs have legacies of the deceased, which shall court in another country that the estate his lifetime held real property in trust the estate of the estate of the deceased
stated in the last preceding section, and entered into possession of portions of not, in the first instance, exceed one (1) of the deceased in such other country is for another person, the court may after in the Philippines, after the payment of
the executor or administrator has not the estate before the debts and year; but the court may, on application not sufficient to pay the debts, notice given as required in the last just debts and charges, shall escheat;
commenced the action therein provided expenses have been settled and paid, of the executor or administrator and expenses of administration, and preceding section, authorize the and shall, pursuant to law, assign the
for, any creditor of the estate may, with and have become liable to contribute after hearing on such notice of the time legacies there, the court here may executor or administrator to deed such personal estate to the municipality or
the permission of the court, commence for the payment of such debts and and place therefor given to all persons authorize the executor or administrator property to the person, or his executor city where he last resided in the
and prosecute to final judgment, in the expenses, the court having jurisdiction interested as it shall direct, extend the to sell the personal estate or to sell, or administrator, for whose use and Philippines, and the real estate to the
name of the executor or administrator, of the estate may, by order for that time as the circumstances of the estate mortgage, or otherwise encumber the benefit it was so held; and the court municipalities or cities, respectively, in
a like action for the recovery of the purpose, after hearing, settle the require not exceeding six (6) months for real estate for the payment of debts or may order the execution of such trust, which the same is situated. If the
subject of the conveyance or attempted amount of their several liabilities, and a single extension not so that the whole legacies in the other country, in same whether created by deed or by law. deceased never resided in the
conveyance for the benefit of the order how much and in what manner period allowed to the original executor manner as for the payment of debts or Philippines, the whole estate may be
creditors. But the action shall not be each person shall contribute, and may or administrator shall exceed two (2) legacies in the Philippines. RULE 90 assigned to the respective
commenced until the creditor has filed issue execution as circumstances years. Section 6. When court may authorize Distribution and Partition of the Estate municipalities or cities where the same
in a court a bond executed to the require. Section 16. Successor of dead executor sale, mortgage, or other encumbrance Section 1. When order for distribution of is located. Shall estate shall be for the
executor or administrator, in an amount Section 7. Order of payment if estate or administrator may have time of realty acquired on execution or reside made. — When the debts, benefit of public schools, and public
approved by the judge, conditioned to insolvent — If the assets which can be extended on notice within certain foreclosure. — The court may authorize funeral charges, and expenses of charitable institutions and centers in
indemnify the executor or administrator appropriated for the payment of debts period. — When an executor or an executor or administrator to sell administration, the allowance to the said municipalities or cities.
against the costs and expenses incurred are not sufficient for that purpose, the administrator dies, and a new mortgage, or otherwise encumber real widow, and inheritance tax, if any, The court, at the instance of an
by reason of such action. Such creditor executor or administrator shall pay the administrator of the same estate is estate acquired by him on execution or chargeable to the estate in accordance interested party, or on its own motion,
shall have a lien upon any judgment debts against the estate, observing the appointed, the court may extend the foreclosure sale, under the same with law, have been paid, the court, on may order the establishment of a
recovered by him in the action for such provisions of Articles 1059 and 2239 to time allowed for the payment of the cicumstances and under the same the application of the executor or permanent trust, so that the only
costs and other expenses incurred 2251 of the Civil Code. debts or legacies beyond the time regulations as prescribed in this rule for administrator, or of a person interested income from the property shall be used.
therein as the court deems equitable. Section 8. Dividends to be paid in allowed to the original executor or the sale, mortgage, or other in the estate, and after hearing upon Section 4. When and by whom claim to
Where the conveyance or attempted proportion to claims. — If there are no administrator, not exceeding six (6) encumbrance of other real estate. notice, shall assign the residue of the estate filed. — If a devisee, legatee,
conveyance had been made by the assets sufficient to pay the credits of months at a time and not exceeding six Section 7. Regulation for granting estate to the persons entitled to the heir, widow, widower, or other person
deceased in his lifetime in favor of the any once class of creditors after paying (6) months beyond the time which the authority to sell, mortgage, or otherwise same, naming them and the entitled to such estate appears and files
executor or administrator, the action the credits entitled to preference over court might have allowed to such encumber estate. — The court having proportions, or parts, to which each is a claim thereto with the court within
which a credit may bring shall be in the it, each creditor within such class shall original executor or administrator; and jurisdiction of the estate of the entitled, and such persons may demand five (5) years from the date of such
name of all the creditors, and be paid a dividend in proportion to his notice shall be given of the time and deceased may authorize the executor or and recover their respective shares judgment, such person shall have
permission of the court and filing of claim. No creditor of any one class shall place for hearing such application, as administrator to sell personal estate, or from the executor or administrator, or possession of and title to the same, or if
bond as above prescribed, are not receive any payment until those of the required in the last preceding section. to sell, mortgage, or otherwise any other person having the same in his sold, the municipality or city shall be
necessary. preceding class are paid. encumber real estate, in cases provided possession. If there is a controversy accountable to him for the proceeds
Section 9. Estate of insolvent non- RULE 89 by these rules and when it appears before the court as to who are the after deducting reasonable charges for
RULE 88 resident, how disposed of. — In case Sales, Mortgages, and Other necessary or beneficial under the lawful heirs of the deceased person or the care of the estate; but a claim not
Payment of the Debts of the Estate administration is taken in the Philippine Encumbrances of Property of Decedent following regulations. as the distributive shares to which each made within the said time shall be
Section 1. Debts paid in full if estate of the estate of a person who was at the Section 1. Order of sale of personalty. (a) The executor or administrator shall person is entitled under the law, the forever barred.
sufficient. — If, after hearing all the time of his death an inhabitant of — Upon the application of the executor file a written petition setting forth the controversy shall be heard and decided Section 5. Other actions for escheat. —
money claims against the estate, and another country, and who died or administrator, and on written notice debts due from the deceased, the as in ordinary cases. Until otherwise provided by law, actions
after ascertaining the amount of such insolvent, hi estate found in the to the heirs and other persons expenses of administration, the No distribution shall be allowed until reversion or escheat of properties
claims, it appears that there are Philippines shall, as far as practicable, interested, the court may order the legacies, the value of the personal the payment of the obligations above alienated in violation of the
sufficient assets to pay the debts, the be so disposed of that his creditors here whole or a part of the personal estate estate, the situation of the estate to be mentioned has been made or provided Constitution or of any statute shall be
executor or administrator pay the same and elsewhere may receive each an to be sold, if it appears necessary for sold, mortgaged, or otherwise for, unless the distributees, or any of governed by this rule, except that the
within the time limited for that equal share, in proportion to their the purpose of paying debts, expenses encumbered, and such other facts as them, give a bond, in a sum to be fixed action shall be instituted in the province
purpose. respective credits. of administration, or legacies, or for the show that the sale, mortgage, or other by the court, conditioned for the where the land lies in whole or in part.
Section 2. Part of estate from which Section 10. When and how claim proved preservation of the property. encumbrance is necessary or beneficial. payment of said obligations within such
debt paid when provision made by will. outside the Philippines against insolvent time as the court directs.

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