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BERT SP

BERT SP

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Published by: Maria Alice Corominas Lim-Ingles on Jun 25, 2012
Copyright:Attribution Non-commercial

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04/15/2013

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SPECIAL PROCEEDINGS
SETTLEMENT OF ESTATE OF DECEASED PERSONS (RULES 73-91)
SP RULE PURPOSE GROUNDS JURISDICTION VENUE PERSONS WHO CAN FILE
RULE 73 (Venue and Process) To settle the estateof a deceasedpersonProbate Court(MTC if gross value of the estate doesnot exceed P300,000, or P400,000 if in Metro Manila);(RTC if gross value of the estateexceeds P300,000 or P400,000 if inMetro Manila)RESIDENT (whether citizen ornot)
 – 
Court of the province orcity where he resides at thetime of death)NON-RESIDENT(Court of the province whereinhe had his estate)TESTATE SUCCESSION
 – 
 executor or administrator with awill annexedHEIRSCREDITORSRULE 74 (Summary Settlement of Estates)1) Extra-judicial settlement of estate (Section 1)2) Summary settlement of estates of small value(Section 2)To achieve aspeedy settlementof the estate of thedecedent withouthaving to appointan administratoror executorSection 1. (applicableonly in intestatesuccession)SUBSTANTIVE
 – 
 1) The decedent left nowill2) No debts3) The heirs are all of age or the minors arerepresented by their judicial or legalrepresentatives dulyauthorized for thepurpose.PROCEDURAL
 – 
 1) Division of the estatemust be in a publicinstrument or byaffidavit of self-adjudication in case of asole heir2) Filed with the properROD3) Publication of noticeSection 1.NO COURT INTERVENTION ISNEEDED. All that is required isdivision of estate in public instrumentor affidavit of adjudication, filed withthe proper Registry of Deeds,publication once a week for 3consecutive weeks and bondequivalent to personal property.Section 2.MTC.Section 2.RESIDENT (whether citizen ornot)
 – 
Court of the province orcity where he resides at thetime of death)NON-RESIDENT(Court of the province whereinhe had his estate)Section 1.ALL HEIRS agree to the extra- judicial settlementSection 2,ANY interested party even by acreditor of the estate without theconsent of all heirs.
 
of the fact of extrajudicial settlementonce a week for threeconsecutive weeks4) Bond filed equivalentto the value of personalproperty.Section 2. (either testateor intestate)1) Gross value of theestate must not exceedP10,0002) with or without debts3) Bond to bedetermined by the court4) Publication of noticeonce a week for threeconsecutive weeks.RULE 75 ( Production of Will, Allowance of Will Necessary)To safeguard therights of thedecedent as wellas those who shallinherit from himProbate Court(MTC if gross value of the estate doesnot exceed P300,000, or P400,000 if in Metro Manila);(RTC if gross value of the estateexceeds P300,000 or P400,000 if inMetro Manila)
 
RESIDENT (whether citizen ornot)
 – 
Court of the province orcity where he resides at thetime of death)NON-RESIDENT(Court of the province whereinhe had his estate)
 
The CUSTODIAN of the will mustdeliver it to the court or theexecutor within 20 days after helearns of the death of the testator.The executor of the will shall,within 20 days after he knows of the
testator’s death or after he knows
that he is named an executor if he
knows it after the testator’s death
shall present the will to the courtand signify in writing hisacceptance or refusal of the trust.
 
RULE 76 (Allowance or Disallowance of Will) To prove in acourt a documentpurporting to bethe last will andtestament of adeceased personin order that itmay be officiallyGrounds for allowance:1) that the will wasexecuted strictly inaccordance with theformalities required bylaw2) That the testator wasProbate Court(MTC if gross value of the estate doesnot exceed P300,000, or P400,000 if in Metro Manila);(RTC if gross value of the estateexceeds P300,000 or P400,000 if inRESIDENT (whether citizen ornot)
 – 
Court of the province orcity where he resides at thetime of death)NON-RESIDENT(Court of the province whereinhe had his estate)
 
EXECUTORDEVISEE OR LEGATEE named inthe willPERSON INTERESTED in theestate (someone who would bebenefited by the estate such as anheir, or one who has a claim againstthe estate such as a creditor)
 
recognized asregistered and itsprovisions carriedout insofar as theyare in accordancewith the law.of sound and disposingmind when he executedthe will3) That there was novitiation of consentthrough duress, fear orthreats4) That it was notprocured by undue orimproper pressure orinfluence on the part of the beneficiary or someother person for hisbenefit5) That the signature of the testator is genuineGrounds fordisallowance:1) If not executed andattested as required bylaw2) If the testator wasinsane or otherwisementally incapable of making a will at the timeof its execution3) If it was executedunder duress or theinfluence of fear orthreats4) If it was procured byundue and improperpressure and influenceon the part of thebeneficiary or of someother person for hisbenefit5) If the signature of thetestator is procured byfraud or trick and henever intended that theinstrument should be hiswill at the time of fixingMetro Manila)
 
TESTATOR HIMSELF during hislifetimeANY CREDITOR -

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