Introduction:
determination of rights, status, particular facts. Should be in a spec
Subject Matter of Spec Pro
1. Settlement of Estate of the deceased
2. Escheat
3. Adoption
4. Revocation of adoption
5. Guardianship
6. Trustee
7. Constitution of family home
8. Change of name
9. Correction or cancellation of entries with civil reg
10. Judicial approval of voluntary recognition of minor children
11. Habeas corpus
12. Hospitalization of insane
13. Voluntary dissolution of corporations
14. Declaration of death or absence
Difference of Uriarte & Cuenco (TESTACY PREFERRED OVER
INTESTACY)
- In Uriarte, movants for the testate proceeding already knew of
the intestate proceeding but still proceeded to file a separate
spec pro. SC held that this is wrong, they should’ve raised the
presence of a will in the intestate proceeding in order for the
court to consolidate and covert the intestate to a testate
proceeding. In Cuenco, the movants for the testate
proceeding had no knowledge of the presence of the intestate
proceeding since the heirs in the latter had not yet filed a
notice of publication. Intestate court was correct in not taking
cognizance of the case and deferring the case to the testate
court
Probate court exercises limited jurisdiction
- Only extends to determination of heirs and just, fair
distribution of properties in the estate (liquidation,
administration, distribution)
Ordinary Courts deciding on issues involving status, rights,
particular facts
General Rule: Ordinary actions are not the proper venue for the
pro
Exception: In cases involving determination of heirs (status), RTC
acting as a regular court may determine the status of the heirs when
the heirs have voluntarily submitted the issue to the RTC and had
already filed relevant documents with the same. When only one
property is concerned in the issue of inheritance, the RTC can also
decide as to the status of the heirs.
Spec Pro Courts deciding matters involving matters under
jurisdiction of ordinary courts
General Rule: In a spec pro, courts cannot decide on issues involving
ownership (civil action dapat)
Exception: 1. When the purpose for determining ownership is only in
relation to inventory. Thus it is not conclusive
2. When there will be no third party prejudiced and all
parties voluntarily submit the issue to the probate court
3. If all the parties involved are heirs
4. Question is one of collation or advancement
RULE 74: Summary Settlement of Estates
Extrajudicial Settlement of Estate by Agreement
1. Decedent died without a will
2. Decedent’s heirs are of legal age but if minors they should be
duly represented by authorized persons
3. Decedent had no debts (presumption of no debts if no
creditors file a request for the issuance of LoA within 2 years
from decedent’s death
4. If all heirs agree to the extrajudicial settlement, they must
execute a public document registered in RoD, If they do not
agree settle their problems in an ordinary action for partition, If
only 1 heir, execute an affidavit of self-adjudication registered
with RoD also
5. In all cases, they must all file a bond equivalent of the value of
personal properties in the estate and bond must be
 conditioned on the payment of any just claims which may be
filed against the estate. Register the bond also with the RoD
6. Extrajudicial Partition must be published in newspaper of gen
circ for once a week for 3 consec weeks
*Note: oral partition is allowed even if #4 says pub document*
*Publication in newspaper of gen circ does not bind a party who has
not participated in the partition proceedings. Heirs must be notified
prior to the settlement of the estate or partition to be bound by such
settlement*
Summary Settlement of Small Estates (JURISDICTION WITH
MTC)
1. Applicable to both testate and intestate situations
2. Value of Estate must not exceed 10K pesos
3. Such fact must be made known to MTC
4. Publication of Notice in newspaper of gen circ once a week for
3 consecutive weeks
5. Notice must be given to interested persons
6. Bond must be given at an amount fixed by courts (ONLY
PRESENT IF PROPERTIES ARE PERSONAL)
7. Hearing held not less than 1 month but not more than 3
months from notice of last publication
If within 2 years from settlement of the estate, it is discovered
that:
1. There is unlawful deprivation of heirs or interested parties in
participating in the estate
2. There is outstanding debt
3. There is unlawful deprivation PAYABLE IN MONEY of the
heirs or interested parties in participating in the estate
It shall be resolved by the court after hearing to decide the proportions
to which the distributees will be made liable for payment or the
payment be made through the use of the bond
*remedies available to those who participated in the settlement*
*If no participation, remedy is action for reconveyance within 10 years
based on implied trust*
- Exception: if property passes on to a person in good faith, property
cannot be reconveyed but action for damages can be filed against the
vendor
RULE 75: Production of Will
GR: When a will is proved and allowed, it is only conclusive as to the
will’s extrinsic validity (genuine, testator has capacity to execute a will,
made with the prescribed form required by law)
EXPN: When for practical reasons, probate court rules on the intrinsic
validity of the will (void on its face)
Custodian of the will has to present the will to either the court or the
named executor within 20 days from KNOWLEDGE OF DEATH of
decedent
- Who is a custodian and what are his duties?
o Bailor-Bailee relationship with testator (merong
mutual agreement and trusted by decedent to take
care of the will, must have knowledge that what he
was receiving is a will)
o Take care of the will only, no duty to know when the
decedent dies
Executor has also 20 days either from KNOWLEDGE OF DEATH or
KNOWLEDGE OF BEING NAMED AS EXECUTOR to present the will
to the court and to answer yes or no to the naming
Both subject to a fine who neglects duties (2K pesos)
If person does not want to give the will, person can be committed to
prison
RULE 76: Allowance or Disallowance of Will
Who can petition for the allowance of a will?
- Interested person (heirs, execs, devisee, legatee)
- Testator
Contents of the Petition for Allowance of Will (KUNG KULANG
OK LANG)
1. Jurisdictional Facts
a. Residence at the time of death
b. Location of properties
c. Date when decedent died
 2. Names, ages, residence of interested parties
3. Probable value of the estate
4. Person named for whom letters are prayed
5. If will still not with the court, name of person who has custody
of the same
PROVE THESE DURING HEARING:
1. Publication of notice should be made in a newspaper of gen
circ for 3 consecutive weeks but no need if testator himself
petitions for allowance
2. 20 days before hearing- send by registered mail the notice of
hearing to all known interested parties if their residences are
known
10 days before hearing- personal service to all known interested
parties if residences are known
*If testator is the petitioner, only send notices to compulsory heirs*
How to prove lost or destroyed will?
3 requisites
1. Prove execution and the extrinsic validity of the will
2. Will must have been in existence at the time of the death of
the testator or is shown to have been fraudulently or
accidentally destroyed during the lifetime of the testator w/o
his knowledge
3. Provisions of the will is clearly and distinctively proved by at
least 2 credible witnesses
GR: Original notarial will need not be shown to prove its existence
(pwede testimony or photocopy) but original holographic wills must be
presented
EXPN: Holographic wills can be proven by photocopies too
UNCONTESTED v CONTESTED (if contesting the allowance serve
notice to the interested parties)
- WHO MAY CONTEST?
o Interested party (one who stands to benefit from the
estate or one who has a claim against the estate)
1st step: Identify if holographic will or attested
2nd step: Contested or not contested
1. If UNCONTESTED ATTESTED, only 1 subscribing witness is
necessary, except when subscribing witnesses are dead, not
residing in the PH, insane. Another person may then prove
the testamentary capacity of the testator and due execution of
the will.
TAKE NOTE: Depositions of subscribing witnesses are
preferred over testimonies of non-subscribing witnesses.
Depositions may be taken if the subscribing witness is at least
100km from the place of the probate proceeding.
2. If UNCONTESTED HOLOGRAPHIC, only 1 competent
witness who knows the HANDWRITING and SIGNATURE of
the testator and who expressly states that the will and
signature was written by the hand of the testator. In the
absence of competent witnesses, expert testimony
3. If CONTESTED ATTESTED, ask yourself first- are the
subscribing witnesses, dead, not residents of PH, or insane, if
NO, then get ALL of them as witnesses + the NOTARY
PUBLIC who notarized either through them physically
testifying in court or through deposition. If YES, then follow the
exception mentioned in #1.
TAKE NOTE: Even if SOME or ALL of them testify against the
will it will not automatically result to the disallowance of the will
as long as the court is satisfied from the testimonies of other
witnesses and evidence presented with regard to the extrinsic
validity of the will
4. If CONTESTED HOLOGRAPHIC, produce 3 competent
witnesses who know the handwriting and signature of the
testator and explicitly declares that the will and signature are
in the handwriting of the testator. In the absence of competent
witnesses, expert testimony
(parehas lang with #2 pero kelangan lang ng 3 witnesses)
GROUNDS FOR DISALLOWANCE
1. Will not executed according to the prescribed form under
the law
2. Testator was insane or mentally incapable to make a will
at the time of its execution
 3. Will executed under duress or influence of fear and
threats
4. Will was procured through undue pressure, intimidation by
the beneficiary or some other person for his benefit
5. Signature of the testator was procured through fraud or
the testator did not intend the instrument to be his will at
the time of the signing
RULE 77: Allowance of Will Proved Outside of PH and
Administration of Estate Thereunder
Wills proved outside the PH can be allowed in the PH
(reprobated)
- Stupid rule because reprobate has the same effect as
probating the will again in the PH
What must be presented by the executor or any interested party
for the reprobate of a foreign will?
1. Due execution of the will in accordance to FOREIGN LAWS
2. Testator is domiciled in a foreign country
3. Will was already admitted to probate in a foreign country
4. Foreign tribunal probating will should be a probate court
5. Laws of a foreign country on the procedure and allowance of
wills (do this or processual presumption)
*Treat the probated will as if it was being probated for the first time*
(See! Bobo, same rule lang for publication, notice to interested parties
as a will that was not yet probated)
How do you administer the Estate then?
- Example: Domiciliary Admin in US kasi foreign will, letters of
admin granted to a PH admin. Who administers PH estate?
Edi PH admin. Who administers US estate? Edi US admin.
RULE 78: Letters of Testamentary and of Administration,
Executors and Administrators
Who are considered INCOMPETENT to serve as executors and
administrators? (NOT EXCLUSIVE)
1. Minors
2. Those who do not reside in PH
3. Those who are unfit
a. Drunkenness (drunk enough to impair sound
judgement)
b. Improvidence (mga sobrang magastos)
c. Want of understanding (those who do not understand
the functions and responsibilities of an admin or exec)
d. Want of integrity
e. CONVICTED of an offense involving moral turpitude
f. BONUS: Adverse interest towards the estate
EXECUTOR v ADMINISTRATOR
1. EXECUTOR is nominated by testator in his will (he gets a
Letters Testamentary if not INCOMPETENT/GIVES BOND
WHEN REQUIRED and ACCEPTS the assignment), ADMIN
by the court through a Letter of Administration.
When to resort to a Letters of Administration?
1. Will does not name an executor (LOA)
2. Will names an executor but executor is either
INCOMPETENT or REFUSES the responsibility or fails to
pay a BOND (LOA with will annexed)
3. Will is DISALLOWED (LOA)
4. Decedent died INTESTATE (LOA)
2. EXECUTOR has duties to present the will to the court
(remember the custodian of wills and executor discussion
above). ADMIN do not have that responsibility
3. Testator may exempt EXECUTOR from giving a bond but the
court can require him if it wants to. ADMINS are always
required.
4. EXECUTOR can be compensated based on a provision in the
will. ADMINS are compensated based on Rules of Court
Both admins and executors hold a position of trust but are not
guarantors or insurers of the safety of the estate. What does this
mean?
- Kapag nalugi ang estate pero walang negligence or bad faith
on their part they are not liable
 - Same degree of prudence, care, and judgement which a
person of a fair and average capacity and ability exercises in
similar transactions of one’s own
What happens when the first executor or admin dies?
- Get a fucking new one. The executor or admin of the dead
executor is not the admin or executor of the original testator.
What happens when there is more than 1 executor named but
some of the executors are INCOMPETENT or does not give a
BOND?
- Edi issue letters testamentary to the competent and willing
ones.
Order of preference in issuance of LoAs
(not always absolute, factor in level of interest)
(DOES NOT APPLY TO SPECIAL ADMIN)
- Surviving Spouse (malamang kailangan valid marriage)
- Next of Kin (nearest kind preferred over other kin, follow rules
on succession)
- Persons requested by surviving spouse or next of kin
- Principal creditors (allowed only when SS and NoK are
incompetent or unwilling and when SS and NoK neglects to
apply for a LoA 30 days from the death of the decedent)
- Other persons appointed by court
Why is the order created even if it isn’t always absolute?
- There is a presumption that those named in the order are
those who will reap the benefit of a wise, speedy, economical
administration of the estate and would also suffer in case of
waste, improvidence, mismanagement of the estate
- This presumption can be overthrown based on assessing the
level of interest. Example, Second wife can be considered as
surviving spouse of decedent but she does not necessarily
have the highest interest because she could not have
contributed anything to the properties in the estate. So the
next of kin (children of decedent in the first marriage) are the
ones preferred over the wife.
How then can the courts remedy the situation where one of the
parties may be underrepresented because of the order of
preference?
- Edi allow co-admins
- What are the instances where co-admins are allowed?
1. To have different interests represented
2. Justice and equity demand that opposing factions be
represented
3. Where the estate is large, intricate and perplexing to settle
4. Allowing different interests to be represented in order to
achieve harmony in the settlement of the estate
5. When the current admin wishes to have another
competent person assist him
RULE 79: Opposing Issuance of Letters Testamentary. Petition
and Contest for Letters of Administration
Who can oppose issuance of Letters Testamentary?
- Interested parties (interest is material and direct not merely
contingent)
- Who are interested parties?
o Those who stand to benefit from the estate or those
who have a claim against the estate (sobrang gamit
na to)
o Take note only forced heirs! Hindi kasali mga extrang
nephews and nieces
- Those who are opposing are not necessarily asking to be an
admin so obviously they don’t need to be qualified to be an
admin (a minor can oppose)
Contents of a Petition for Letters of Administration
- Same lang as petition for allowance
Publication and Notice to Interested Parties
- Same ulit (3 weeks successively?? in newspaper of gen circ
in the province of the probate court, 20, 10 days notice to
interested parties). TAKE NOTE: Sabi sa De Leon book once
a week for 3 consecutive weeks pero the provision specifically
states rule 76 sec 3 and 4. Pick your poison nalang
How do you oppose letters of Administration
- Interested person must state that admin is incompetent or
- His own right to the administration or
- The right to administration of someone else
What happens when a competent person fails to appear when
notified of a hearing for the issuance of LoA
- Edi the court will just issue the LoA to some other competent
person
RULE 80: Special Administrator
When do you appoint SPECIAL ADMIN?
- When there is delay in the issuance of LoA or letters
testamentary BY ANY CAUSE
- When the executor or admin is also a claimant against the
estate (power of spec admin limited only to the portion of the
claim)
*Special admins are considered as officers of the court so he is not an
agent or representative of the parties*
*Make sure that there is notice to all known interested parties before
appointment of spec admin or else appointment is void*
What is the PURPOSE of a SPECIAL ADMIN?
- To PRESERVE the estate until transfer to a person fully
authorize to administer
Who decides the appointment?
- Discretion of the court but discretion must be based on
reason, equity, justice and legal principles
- Because its based on discretion, it’s interlocutory and not
appealable unlike the appointment of a regular admin
(GADALEJ lang pwede sa appointment of spec admin)
- Remember what I said earlier, Order of preference will not
apply
What are the POWERS of a SPECIAL ADMIN
- Take possession of goods, chattels, rights, credits of the
estate. Preserve and transfer the estate to admin or exec
(short answer)
- POWERS ARE LIMITED TO (Magis):
1. POSSESSION and CHARGE of decedents estate
2. PRESERVATION of decedents estate
3. Commencement and maintenance of SUITS as admin
4. SALE only of PERISHABLE and other property in
accordance to COURT ORDER
5. Payment of decedent’s DEBT in accordance to COURT
ORDER
6. Prepare and return true INVENTORY of the decedent’s
estate that may come to his possession or knowledge
7. Render an ACCOUNTING of the decedent’s estate he
received
8. DELIVER the decedent’s estate to the person appointed
as executor or administrator or such other person
authorized to receive them
When does the powers of the SPECIAL ADMIN CEASE?
- Edi when letters of administration or Letters Testamentary are
issued to the proper persons
- Courts can also remove them at their discretion
What then must the SPECIAL ADMIN do when LoA or LTs are
issued?
- Deliver the decedent’s estate to the person appointed as
executor or administrator or such other person authorized to
receive them
RULE 81: Bond of Executors and Administrators
What is the purpose of the BOND?
- Payment is conditioned on:
1. To make and return to the court within 3 MONTHS, a true
and complete INVENTORY of all goods, chattels… which
have come to his possession or knowledge or possession
of other persons for him
2. ADMINISTER, according to the rules and the will of the
testator all the goods, chattel… which shall come to his
possession or possession of any other person for him and
from the proceeds, to PAY and DISCHARGE all DEBTS,
legacies, and charges on the estate
 3. To render a true and just ACCOUNT of his administration
to the court within 1 YEAR and ANY OTHER TIME when
required by the court
4. To PERFORM all orders of the court
*basically if admin or exec does a bad job the bond will answer for it*
How much is the BOND?
- Based on the court’s discretion
Who pays for the BOND when there is more than 1 admin or
exec?
- Court shall get a separate bond from both of them
How is a SPECIAL ADMIN’S BOND assessed and what does it
answer for?
- Bond is based on court’s discretion
- Bond will answer for
1. #1 of Bond of execs and admins
2. #3 of Bond of execs and admins but only when required
by court
3. Deliver the decedent’s estate to the person appointed as
executor or administrator or such other person authorized
to receive them
RULE 82: Revocation of Administration, Death, Resignation, and
Removal of Executors or Administrators
When is the ADMINISTRATION REVOKED?
- If the will is discovered after the granting of LoA and the will
has been proved and allowed (discovery is not enough! Must
be proved and allowed)
- When the LoA has been illegally issued or issued without
jurisdiction
What are the consequences for REVOCATION?
1. Powers of the admin ceases
2. Admin has to surrender the LoA to the court
3. Admin has to render an account within the time provided
by the court
4. Proceedings for the issuance for Letters Testamentary
(when will is discovered, proved, and allowed) or Letters
of Administration (when the current LoA is illegally issued
or issued without jurisdiction)
When can the court REMOVE or accept the RESIGNATION of an
executor or administrator? (NOT EXCLUSIVE)
1. When the exec or admin NEGLECTS to render his
ACCOUNT and SETTLE the estate according to law
2. Fails to perform a DUTY prescribed by the rules or the will
3. ABSCONDS
4. Becomes INSANE or other wise INCAPABLE to
discharge trust
5. COURT DISCRETION may permit him to RESIGN
BONUS GROUNDS:
1. Admin who disburses funds without court approval
2. False representation by admin in order to be appointed
3. Adverse interest of the admin towards the estate
4. Physical inability and consequent unsuitability to manage
the estate
*all acts done by the exec or admin PRIOR to removal or resignation
is valid*
What happens to when there is more than 1 admin or executor?
- Edi when one of the admins or exec is removed or resigns the
remaining will still act as admin or exec
- The court can also grant letters to someone else
- If there is no more executor or admin the court can choose
anyone who is suitable
What then is the difference between REVOCATION and
REMOVAL or RESIGNATION?
- The former pertains to a situation where LoA should not have
been issued in the first place, the latter pertains to a situation
where the issuance of LoA or LT was proper but due to some
circumstance it needs to be removed
True or False, the grounds for removal of REGULAR ADMIN and
SPECIAL ADMIN are the same.
 - FALSE, the courts have a wider latitude in the removal of
special admins
Who may ask for the removal of an admin or executor?
- Any interested party. Even a creditor with CONTINGENT
CLAIMS
What steps are required to have a valid resignation?
1. Submit a resignation letter to the court
2. Do your fucking inventory in your possession
Powers of the new executor or administrator
- Shall be the same as the old admin or exec as to the
unadministered portion of the estate BUT extra powers
granted by the court to the old admin or exec do not carry
over to the new admin or exec. These extra powers must be
reissued
- New admin can continue the suits filed by the old admin under
the old admin’s name
- New admin can also execute the judgements recovered in the
name of the old exec or admin
RULE 83: Inventory and Appraisal. Provisions for Support of
Family
When should the INVENTORY be returned?
- 3 MONTHS after the appointment of the executor or admin
(period is not mandatory, labo noh)
What must be INVENTORIED?
- ALL real and personal properties that have come under his
POSSESSION or KNOWLEDGE
What does ALL properties mean?
- All properties APPEARING to belong to the estate
- Even if the properties are already covered by a Torrens Title
in the name of a third party, you still have to include it
What articles need not be inventoried?
1. WEARING APPAREL of the surviving spouse and minor
children
2. MARRIAGE BED and BEDDING
3. Other articles which will be consumed for SUBSISTENCE of
the family
What are allowances and what should they be considered as?
- Widow and children (Civ Code does not distinguish between
children so even if not a minor, give an allowance) are entitled
to an allowance while the estate is being settled
- Allowances shall be considered as an ADVANCE of their
share in the estate
Should an allowance be granted even if the decedent’s liabilities
exceed the value of his estate?
- YES IN GENERAL, allowance refers to the GENERAL
ESTATE which includes the spouse’s share in the conjugal
asset. So even if decedent is insolvent, it does not necessarily
mean that the spouse will not have a share in the conjugal
asset
- NO, when it is shown that the spouse did not contribute to the
conjugal partnership
RULE 84: Powers, Duties, and Accountability of Executors and
Administrators
POWER of executors and admins have the right to access
partnership books and properties
- Admin and exec AT ALL TIMES have access to and may
examine and take copies of books and papers pertaining to
the partnership and properties of the partnership
- This power must be exercised through a written application of
the admin or exec to the probate court
- Court may punish an unwilling partner with CONTEMPT
DUTY of executors and admins must keep buildings in repair
- Maintain buildings and structures in tenable repair and deliver
the same in such repair to heirs, legatees, devisees
POWER of executors and admins have the right to retain
possession of the real and personal properties of the estate
- Qualified by the requirement that possession and
management should be required for the payment of debts and
expenses of the administration
Can an executor or admin enter into a LEASE AGREEMENT
without court approval?
- DEPENDS, lease contracts, in general, are deemed acts of
administration and therefore need no court approval BUT
when a lease contract is required to be registered in the RoD,
court approval is needed
- The SPA required of agents when lease agreements exceed 1
year will not apply to admins or execs
RULE 85: Accountability and Compensation of Executors and
Administrators
What is the executor or admin accountable for?
- The WHOLE estate of the decedent which has come to his
POSSESSION at the value appraised during the inventory
- An admin or executor can also be made liable on the sole
basis of his KNOWLEDGE for his failure to recover
possession of the same through FAULT or NEGLIGENCE
but, in general, he is not liable for those which come to his
knowledge
GENERAL RULE: An executor or admin is not liable for loss by
decrease or destruction of the estate or uncollected debts
pertaining to the estate
EXCEPTION: When through his fault or negligence the value
estate is negatively affected
When can an executor or admin be allowed to receive
compensation?
1. When an amount is paid by the executor or admin for costs
awarded against him provided the costs are not considered
prosecuted without just cause or done in bad faith
2. Necessary expenses for the care, management and
settlement of the estate, and for his services
a. 4 pesos per day or commission based on the value of
estate that comes in his possession and is disposed
of to the interested parties at 2% of the first 5K, 1% of
the value that exceeds 5K but not 30K, 1/2 % of value
that exceeds 100K
b. Additional compensation if the estate is large and
settlement is difficult (discretion of the court)
- Awards for compensation is appealable
- If exec or admin is a lawyer, professional fees shall not be
charged against the estate
- If testator provides for a provision in the will for the
compensation of the executor, give it but this can be
renounced by the executor by written instrument
When should the admin or executor render an account?
- WITHIN 1 YEAR from the time of receiving the LT or LoA or
when court orders such
Court allowed to examine the exec or admin with respect to every
matter relating to any account rendered by him and court must
do so before allowance of the account
- No need when no opposition and when competent proof is
given as to the correctness of the account
- Interested parties are also given the same privilege to
examine the admin and exec under oath
Notice to interested parties is required before allowance of an
account by exec or admin
- Notice can either be given personally or advertisement in
newspapers, or both
A surety to the bond may be admitted as a party to the
accounting
RULE 86: Claims Against the Estate and Actions By and Against
Executors and Administrators
Immediately after the granting of the LoA or LT notice must be
sent to all persons having MONEY CLAIMS against the decedent
and to file them with the CLERK OF COURT
- After giving notice to creditors, admin and exec must publish
such notice for 3 consecutive weeks in a newspaper of gen
circ in the province, 4 public places in the province, 2 public
places in the municipality where decedent last resided
(constructive notice to whole world)
- After publication, exec or admin must file within 10 days from
publication a printed copy of the notice + affidavit stating first
and last day of publishing and the newspaper where the
notice was printed
- Money claims must be those contracted before the death of
the decedent
- Claims after the death of decedent are considered as
expenses of the administration which can be collected from
the admin or exec
- MONEY CLAIMS INCLUDE:
1. Claims against decedent arising from contracts whether
implied or express, contingent, due or not due
*for contingent claims, when the claim matures, you have to
inform the court about its maturity*
*implied contracts involve quasi-contracts such as solution
indebiti*
*but torts or quasi-delict should be filed against admin or
exec*
2. Claims for funeral expenses, expenses for last sickness
(funeral expenses are an exception to the rule that money
claims must be before the death of decedent)
3. Judgment for money against decedent (debtor dies before
levy on execution of his properties, If after levy sell that
bitch)
How should a claim be filed?
- Deliver the claim with necessary vouchers to the clerk of court
- Serve a copy to the exec or admin
- If the claim is based on an instrument (mga nego shit) attach
the instrument to the claim when filed
- If the claim is due attach an affidavit stating the amount, that
no payments had been made, no offsets have been made
- If the claim is not due or contingent state it in an affidavit
- If some other person instead of the creditor makes the
affidavit state the reason why
*If the claim is based on a written document, you don’t have to attach
the orig, photo copy is enough but show the orig when demanded by
the exec or admin. If orig is lost or destroyed, execute an affidavit
explaining the contents and that orig was lost or destroyed*
Within 15 DAYS (can be extended, court discretion) after the
service of the copy of the claim to the exec or admin, exec or
admin shall file answer
- Either ADMIT, DENY, or state NO KNOWLEDGE
SUFFICIENT to enable him to admit or deny specifically
- If the exec or admin knows that decedent has already offset
the claim, he should state it or barred forever
- Serve a copy of the answer to claimant
What happens when admin or exec admits the claim entirely?
- Claim is submitted to clerk of court and can be approved
WITHOUT HEARING (but subject to court discretion)
- If court feels like there should be hearing, notify interested
parties so they can oppose within 15 days to file an answer
What happens if claim is contested?
- Clerk of court will set the claim for trial either upon the filing of
an answer to the claim or expiration of the time for filing of
answer
- Contested claim may be referred to a commissioner
- Send notice of hearing to both claimant and exec or admin
Judgement of court approving or disapproving a claim is
appealable as in ordinary cases!
When should MONEY CLAIMS be filed?
 - Not more than 12 MONTHS but not less than 6 MONTHS
after the date of the first publication of the notice
- Court can fix the time as long as within the period above, once
fixed period becomes MANDATORY
- Exception: before order of distribution, creditor who has failed
to file his money claim FOR CAUSE and for EQUITABLE
REASONS can file his claim not exceeding 1 MONTH from
court allowing the filing of the late claim (discretionary)
What is the STATUTE OF NON-CLAIMS?
- Period for filing claims against the estate. Not filed before the
period? Barred forever
- EXCEPTION: 1 month exception above, when creditor sets
up his claim as a counterclaim, when executor or admin
waives the defense of statute of non-claims
- Statute of non-claims SUPERSEDES statute of limitations
May a creditor who has a claim against the conjugal partnership
file a case against the surviving spouse?
- NO, after the death of the decedent, no complaint for
collection of indebtedness chargeable against the CP can be
brought against the SS
- Upon death of decedent, SS loses all powers of administration
over the CP therefore creditor should file a money claim
against the ESTATE (Don’t file an ordinary case for collection
either against the spouse, other heirs or the admin or exec, it
has to be against the estate)
How should you treat a solidary or a joint obligation between the
decedent and another person?
- SOLIDARY, File the whole debt as a money claim. Estate can
then collect from the other person what it paid in advance
- BUT, even if statute of non-claims happen, creditor can still go
after the other debtor to collect the whole amount of debt
- JOINT, File also a money claim but only as to the proportion
of the debt owed by the decedent
What if a MORTGAGE is involved?
- 3 choices available: (MUTUALLY EXCLUSIVE)
1. Abandon the security and prosecute the claim against the
estate
2. Foreclose the mortgage, make the exec and admin as
defendant, file a money claim for any deficiency
3. Rely SOLELY on the mortgage without a right to claim for
deficiency (when going for an extrajudicial mortgage)
RULE 87: Actions By and Against the Executors and
Administrators
What are the actions which may be brought against an admin or
exec? (basically actions which survive the death of the decedent)
1. Recovery of real or personal property or an interest therein
2. Enforcement of a lien on real or personal property
3. Recovery for damages for an injury to person, property,
whether real or personal
- Don’t fucking file a money claim (actions which do not survive
the death of the decedent)
Heirs cannot maintain an action for recovery of property against
an appointed admin or exec UNTIL there is an order from the
court assigning such properties to the heirs or devisees or until
the time allowed for paying debts has expired
- If pending the filing of administration proceedings, heirs can
file an action for recovery or protection of property rights
- If admin proceedings have started but no LoA yet, pwede pa
rin
- If exec or admin refuses to bring suit, go file for protection
- If the exec or admin is alleged to have participated in tha act
complained of, make him a party defendant
Exec or admin is allowed to compound/ discharge with debtor if
approved by court and on receiving a just dividend of the estate
of the debtor
Exec and admin can also foreclose a mortgage
What do you do when the property of the decedent is concealed,
embezzled or fraudulently conveyed?
 - As an interested party you must bring it to the court’s
attention. The court will then cite the suspected person to
appear in court it the person refuses then punished for
contempt and commit to prison until he is willing to comply
- 2 situations are involved when talking about concealed,
embezzled or fraudulently conveyed property:
1. When interest parties complain to the court having
jurisdiction over the estate that a suspected person had
concealed, conveyed PROPERTIES of the decedent
(actual properties)
2. When a suspected person has in his possession or
knowledge of any deed, conveyance, bond, contract or
other writing which CONTAINS EVIDENCE the RIGHT or
TITLE of the deceased over such properties (evidence as
to right or title)
Those entrusted by executors or admins with any part of the
estate may, by complaint to the court, be compelled to render an
account, under oath, of any property belonging to the estate
which have come under his possession. If the person entrusted
refuses to appear before the court, cite him for contempt
If a person embezzles the property of the decedent before the
issuance of the LoA or LT, he shall be liable for x2 the value of
the embezzled property when proven by exec or admin
If the decedent fraudulently conveys his property and there is
deficiency of assets in the hands of the exec or admin for the
payment of debts and expenses for admin, the executor or admin
may commence and prosecute to final judgement an action for
recovery of property, right or interest for the benefit of the
creditors
- Executor or admin can choose not to proceed with the action
unless creditors state that they will pay for a part of the cost
and expenses or give securities therefor as determined by the
court
- The creditors themselves can bring an action for
reconveyance of property, rights or interest if all of the things
above are present and the exec or admin refuses or fails to
commence the action
- If creditor is successful, he shall have a lien for reasonable
expenses and cost for pursuing the action
- If the conveyance of the decedent to defraud is in favor of the
exec or admin, the creditors can bring the action without need
to file a bond
RULE 88: Payment of Debts of the State
After hearing all the money claims, and it is ascertained that the
estate is enough to pay all the debts, the exec or admin will pay
the same within a time for that purpose
- Requisites for payment of money claims
1. A hearing is conducted
2. Amounts of the claim ascertained
3. Sufficiency of assets to pay the debts
What if the testator puts a provision in the will for payment of
debts?
- GR: Respect the will of the testator, pay the debts according
to the provision he placed
- EXPN: If the provisions for payment of debts are not enough
for the payment of the debts, use the undisposed portion of
the estate whether real or personal for the payment
What is the order of payment of debts after following the
provisions of the will?
- GR: Pay first the debt using personal property, then real when
personal is not enough
- EXPNS: (exec or admin must make an application to the
court, inform interested parties through a notice, and court
must hold a hearing)
1. If the sale of the personal would redound the the
detriment of the participants in the estate exec or admin
can sell, mortgage, etc. the real properties after obtaining
court authority
2. If sale of personal property will negatively affect the
business or interests of interested parties
3. Testator has not made sufficient provisions for the
payment of debts, expenses
 4. Decedent during his lifetime bound himself to deed real
property to a beneficiary
5. Decedent during his lifetime held real property in trust
If there is still deficiency after payment of debts using
undisposed portion, court can order for a hearing to fix
contributions of each legatee, devisee, heir who entered into
possession of portions of the estate BEFORE debts, expenses
have been settled and pay
If the estate is insolvent (not the same scenario as the one above
because deficiency above was caused by distribution prior to
settlement of debts), exec or admin will pay the debts according
to preference of credits
- Kapag within the same preference of credits tapos not enough
na ung remaining assets to satisfy all the remaining debts,
each creditor will only get a dividend representing their share
(prorated)
When the court finds that a contingent claim filed against the
estate is valid, it may order the exec or admin to RETAIN a
portion of the estate for payment of such claims. If the estate is
insolvent, then the contingent claimant is entitled to a dividend
pertaining to his portion
- Where the payment of contingent claims comes from will differ
in 2 instances:
1. When the the claim MATURES WITHIN 2 YEARS from
the period allowed for filing money claims, get from the
RETAINED portion of the estate
o Before receiving payment, it must first be allowed by
the court. It will be allowed when the exec or admin
does not dispute the maturity of the claim or even
having disputed the claim, it was proved to have
matured
2. When the claim MATURES AFTER or WITHIN THE 2
YEAR period but claimant FAILS TO PRESENT the
claim, get the money from the distributes
o Kasi if after the 2 year period hindi pa naexhaust un
RETAINED portion, it will be distributed
If the testator is a non-resident of PH but has property here and
is insolvent, creditors from another country can share in the
estate here also.
If the insolvent testator is a resident of PH but has creditors
abroad, they can share in the estate in the PH provided that they:
1. Have their claims proven and allowed in the other country
2. Exec or admin must have knowledge of such foreign claim
and had the opportunity to dispute its allowance
3. A certified list is given to the court listing the foreign claimants
4. Estate abroad should have been properly apportioned
between PH creditors and foreign creditors, if not wala fix it
first
What happens when there is an appeal concerning a claim?
- Court has 2 choices:
1. Suspend the order of payment of debts or
2. Order the distribution of claims which have been
definitely allowed but leave behind enough for the appeal
claim
How many times can the court order for distribution of the
estate?
- Walang limit, as long as the whole of the debts have not yet
been paid on the previous distribution, the whole assets are
not distributed, and new assets come to the hands of the exec
or admin
What is the period for payment of debts and expenses and
distribution of estate to interested parties?
- 1 YEAR from issuance of LoA/LT
- Extensions of periods not longer than 6 MONTHS at a
time is allowed provided that the overall extension does
not go beyond 2 YEARS
o If old exec or admin dies and a new one is
appointed, new admin can have an extra 6
MONTHS on top of the 2 YEARS
RULE 89: Sales, Mortgages, and other Encumbrances of Property
of Decedent
An exec or admin can only sell or encumber a property of the
estate when:
1. Notice is given to interested parties
2. Sale must be necessary for payment of debts and expenses
of the estate
o EXPN: Court may allow the same even if not
necessary for payment of debts, etc. when beneficial
to the interested persons.
o EXPN to the EXPN: When such sale is contrary to the
provisions of the will
3. Court approval
*Even if interested parties are fine with it, court approval is mandatory*
How to prevent the sale or encumbrance?
- Give a fucking bond which is fixed by court which shall answer
for payment of debts, expenses, etc. and security for creditors
What is the procedure for granting the authority to sell or
encumber?
1. Exec or admin must file a written petition (put the debts and
expenses due, the value of the personal estate, reason for
sale)
2. Court shall fix a time for hearing + notice to interested parties
+ publication as deemed proper by court
3. Court can require exec or admin to give additional bond for
the sale or encumbrance
4. Sale can either be public or private which ever is more
beneficial
5. If auction, follow the procedure on auctions
6. Record the sale in the RoD in the province where the
properties are sold
When decedent during his lifetime bound himself to deed real
property or an interest therein to another person, give notice of
the application either personally or by mail and publish as
deemed necessary by courts to all interested parties then clerk of
court will execute a deed. (effect deemed as if decedent himself,
executed the deed)
- conveyance must not reduce the value of the estate to the
extent of negatively affecting the creditors
- contract must be valid and binding and entered into during the
lifetime of the decedent
When decedent during his lifetime held a property in trust, exec
or admin must follow the steps mentioned above
- Unlike the conveyance, even if the estate will be reduced and
affect the creditors, executing the deed for a property held in
trust will still be valid
RULE 90: Distribution and Partition of the Estate
When should distribution of the estate be made?
- Only AFTER:
1. All the debts, funeral expenses, expenses of
administration, allowances to the widow, and estate tax
have been paid
o EXPN: Can be done BEFORE, if distributes give a
bond in a sum fixed by the court conditioned on the
payment of the above
What happens where there is a final decree of distribution?
- It vests title to the properties in the estate
- If the decree is erroneous, APPEAL it or it becomes final and
binding
o EXPN: when the decree is based on lack of
jurisdiction or fraud
o EXPN: When the party interested is left out of the
probate proceedings for reason beyond his control,
inadvertence or mistake not attributable to his
negligence
What relief should be sought if the heir who is entitled to the
residue is not given his share?
- File a motion in the same probate or admin proceeding
- Reopen the liquidation and distribution proceedings instead of
an independent action (15 days or before closing of the
 proceeding becomes final for non-parties to the partition,
motion for execution within 5 years for parties to the partition
but had not received their shares)
- Separate action of basis is forgery
- Petition for relief
- Annulment of judgement
- Certiorari Rule 65

Remedy of a preterited heir

- Reopen within 10 years
- Independent action for recovery

Instances when Court can issue a writ of execution

1. Satisfy the contributive shares of devisees/legatees/heirs
when the latter had entered prior possession over the estate
2. Enforce payment of expenses of partition (unless the execs or
admins have enough retained properties to answer for the
expenses)

What are the requisites before distribution?

1. Liquidation (ascertain the net estate)
2. Determination/declaration of heirs (do it here not through a
separate proceeding)

What is a project partition and when is it made?

- A proposal for the distribution of hereditary estimates to
persons entitled
- Given towards the end of the settlement proceedings
*approval of the project partition does not divest the court of its
jurisdiction. It is only after all payments are made and assets
distributed that the court loses jurisdiction*

Questions as to advancements
- Must be made with the probate court and not a court of
general jurisdiction
- Final order of the court shall be binding on the person raising
the question and on the heir