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Sec.

3 When does the powers of special physical possession and those which
administrator Ceases? came to his knowledge) of the decedent,
including GCME. within 3 months.
- When letters testamentary or letters of
b. (A)dminister according to the will, and to
administration appoints an
pay the debts, legacies, and charges on
executor/administrator the powers of an SA
the same, as may be decreed by the
shall cease
courts
What happens to the effects received by the SA? c. (R)ender true and just account of his
administration to the court when? at
- It shall be transferred to the appointed within one year from appointment, or
executor or administrator - all the goods, when anytime required by the courts
chattel, money, estate (GCME) of the d. (P)erform all orders of the court
deceased shall be transferred

What of pending suits?


The administrators standard of responsibility
- The exec/admin shall prosecute pending suits is that of a bailee. How?
until final judgment a) As he will be held personally liable to
those interested in the estate
b) As long as he acts in good faith, the
Court may appoint or remove special administrator cannot be held
administrators, as long as the said responsible for business losses.
discretion is exercised without grave
abuse, higher courts will not interfere Sec. 2 Bond of executor where directed in will.
with it. When further bond required.

Can the testator not request the executors to


The special administrator is an officer of serve without bond?
the court who is subject to its
supervision and control who shall work - Yes, if the testator in his will directs that the
for the best interest of the estate executor shall serve:
especially with respect to its smooth and a) Without a bond
earliest settlement b) Only with his individual bond
(requires the executor to give a
bond on the condition that the
RULE 81 BONDS of EXEC/ADMIN executor shall pay the decedents
Sec. 1. debts_

Is it Necessary to give a bond before an How about the court requiring the executor to
executor/administrator? Why? for what furnish further bond?
purpose? Yes, in case of change in his circumstance sds
Yes. To ensure that the executor or administrator , or for other sufficient case
does the condition imposed on him by the court, Sec. 3 Bonds of Joint Executors and
which are as follows: M-A-R-P Administrators.
a. (M)ake and return a true and complete
inventory of the estate(those in his
When there are two or more executors 2. When the LOA are illegally issued or
or administrators, the court may require issued without jurisdiction
a:
Does the discovery of the will ipso facto nullify
a) Separate bond from each; or
the LOA?
b) Joint bond from all
No, mere discovery shall not be sufficient to
Sec. 4 Bond of Special Administrator
nullify the LOA, the will must be discovered and
The SA shall furnish a bond, conditioned later probated and allowed by the court.
that he will: Ma-Tru-Del
Sec. 2
a) Make and return a true inventory of
the estate in physical possession and in May the court remove or accept resignation of
knowledge executor or administrator? On what grounds?
b) Truly account for the decedents estate RePeAbBeCo
received by him
c) Deliver the same to the person 1. Neglects to render his account and settle
appointed by the court as the estate according to law
Exec/Admin/other person as may be 2. Neglect to perform an order or judgment
authorized to receive them of the court, or a duty expressly provided
by the ROC
RULE 82 3. Abscond
4. Becomes insane or otherwise incapable
REVOCATION OF ADMINISTRATION, DEATH,
to discharge trust
RESIGNATION, AND REMOVAL OF EXECUTORS
5. If the court loses confidence in him, by
OR ADMINISTRATORS
acts where: DAFI
Sec. 1 Administration is revoked if will is a. An administrator who disbursed
subsequently discovered. (spent) funds of the estate without
judicial approval
What happens to the administration
b. False representation by an
proceedings upon the subsequent discovery of a
administrator in securing his
will?
appointment
1. All powers under the letters of c. Administrator has an adverse
administration cease interest (due to hostility)
2. The administrator shall then surrender d. Administrator who has the physical
the LOA to the court inability to manage the estate
3. The administrator shall render his
account within the time given by the
court The RAPBeC-DAFI is only applicable as to
4. Proceedings for issuance of letters regular administrators, as the court
testamentary shall then commence exercises wider latitude in the removal
of a special administrator.
What are the instances when the court may
revoke the letters of administration? Who may ask for the removal of the
administrator?
1. When the decedents will is discovered
and admitted to probate
Jurisprudence provides that a creditor (even a
contingent one)