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Kelan mag ka order for distribution of

residue?

That bond will be made to answer for
obligations within such time as the
court directs

Pag bayad na lahat ng
IDEAF
Inheritance tax
Debts

So, walang basis na magstay si Nelia
dun
Pag stay nya, di makatulong na
mabayaran ung utang ng decedent

Expenses for administration
Allowance for widow
Funeral expenses

Rule:

Hindi magdistribute ng estate prior to
payment of all charges of the estate

ER:

if there is sufficient residual assets

Very important, ang administrator, di
nya pede ideliver ang property sa heir
pag walang order ni court

Also, before such properties of the
estate may be distributed, all charges
to the estate must be paid first

If sufficient bond was filed
The only exception is when it is allowed
by court upon showing that there is
sufficient residual assets and that there
was a sufficient bond that was filed
Ricardo Silverio vs CA
What happens in liquidation
Facts
An administrator of the estate of the
deceased allowed one of the heirs to
occupy one of the properties of the
deceased and use it as residence

RTC ordered that various properties of
the decedent be sold including the
subject property

Idetermine jan lahat ng assets ng
estate, jan din bayaran lahat ng debts
and expenses

Powers of the probate court

1.
2.
3.
4.

A question was asked whether or not
the administrator was right in allowing
that heir to be in possession of that
property

Declare who are the heirs
Distribute the estate
Determine the proportion each
distributee is entitled to
Hear and determine advanced
inheritance

Advanced inheritance
pag may questions ng advanced
inheritance

Ruling
Answer is no.

Idenerecho sa probate court

Because that can be done only through
an order of the court

As far as the person raising the
question and heirs

According to the rules, distribution of
the estate shall not be allowed until the
obligations or charges to the estate
had been paid.

That decision of the probate court is
final and binding as to them

The only exception is when the heir
files sufficient bond to be fixed by court

Corazn Gregorio vs Madarang
A person died leaving properties

can the probate court hear and determine issue of this nature? Pag nagging final na itong decree of distribution. yes. subject to rule on equity and consistent with the intention of the testator Ano effect ng final decree of distribution? Magkaron sila ng title to the land or estate distributed to them Pag may error sa decision. di dyan magwakas ang jurisdicition ng probate court Dapat ung order of distribution masunod muna . the probate court is allowed to hear and determine which property should be included in inventory of the properties of the decedent The decision in this matter. kasi maging binding yan The son argued those lands cannot be included in the estate as they were given to him during the lifetime of his parents Judgment in rem ito Question is. pede mag appeal Kelan mawalan si probate court ng jurisdiction over the esate under administration Pag bayad na lahat ng utang ng estate And the residue was delivered to persons entitled to receive it Yng finality of project of partition. For purposes of collation. final and binding na ito if not timely appealed Answer is. is final and binding upon the person who questions it and the heirs Kanino ibayad yung expenses for partition? Kay executor or administrator. di na pedeng questionin nung project of partition Unless no jurisdiction. if arrived at.One of his son receive from him by way of donation six parcels of land Wag antaying maging final.