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 Order of Preference

PETITION FOR LETTERS (1) Surviving spouse or next of kin, or both, or



 to such person as the surviving spouse, or next
OF ADMINISTRATION of kin requests to have appointed, if competent
and willing to serve. 

Prepared By: Baguilat, Peña, Tanghal &
(2) If those enumerated above be incompetent or
Arellano University School of Law
unwilling, or if the husband or widow, or next of
kin, neglects for 30 days after the death of the
LETTERS OF ADMINISTRATION
person to apply for administration or to request
that administration be granted to some other
 It is an authority issued by court to a competent person, it may be granted to one or more of the
person to administer the estate of the deceased principal creditors, if competent and willing to
who died intestate (without a valid will). serve. 

 A petition for letters of administration is a judicial (3) If there is no (2), it may be granted to such
mode of settlement of estate of a deceased other person as the court may select. [Sec. 6,
person. Rule 78] 


UNDER WHAT RULE DO WE FILE THIS  Next of kin are those entitled by law to receive
PLEADING? the decedent’s properties. [Ventura v. Ventura,
G.R. No. L-26306 (1988)]
 Rule 78, Rules of Court “Letters Testamentary
and of Administration, When and to Whom  Incompetent persons to serve as executor or
Issued”, in relation to-- administrator

 Rule 79, Rules of Court “Opposing Issuance of 1) Minors; 



Letters Testamentary. Petition and Contest for 2) Non-residents of the Philippines; and 

Letters of Administration”
3) Those who, in the opinion of the court, are
unfit to 
 execute the duties of the trust by
GROUNDS
reason of drunkenness, improvidence, want
of understanding or integrity, or conviction of
1) No executor is named in the will, or
an offense involving moral turpitude (Sec. 1,
2) The executor or executors are incompetent, Rule 78); 

refuse the trust, or fail to give bond, or
4) Executor of an executor over the estate of
3) A person dies intestate. (Sec. 6, Rule 78) the first testator 
 (Sec. 2, Rule 78). 


CONTENTS WHERE TO FILE

(1) Jurisdictional facts;  Jurisdiction (BP 129)


a) Death of testator; Exclusive original jurisdiction over all matters of
b) 
 Residence at time of death in the province probate, both testate and intestate:
where probate court is sitting; or

c) If he is an inhabitant of foreign country, his Outside Metro Manila MTC if gross value of the
having left his estate in such province [Diez estate does not exceed
v. Serra, G.R. No. L- 27650 (1927)] P300,000; If it exceeds
such value then RTC
(2) Name, age and residence of heirs and the name
and age of creditors; 

Within Metro Manila MTC if gross value of the
(3) Probable value and character of the estate; 
 estate does not exceed
P400,000; Otherwise
(4) Name of person for whom letters of administration
RTC
is prayed.
Defect in petition would not render void issuance of
letters of administration. [Sec. 2, Rule 79] 

 Venue (Sec. 1, Rule 73, Rules of Court)
WHO MAY AND WHEN TO FILE
Inhabitant of the Court of the province
Philippines at the time of where decedent resided
death (citizen or alien) at time of death FOR ISSUANCE OF LETTERS OF
ADMINISTRATION
Inhabitant of foreign Court of any province
PETITIONER, through counsel, respectfully
country at the time of where decedent had
alleges:
death estate
1. That the Petitioner, who is of legal age and
a resident of [ADDRESS] is the
[WIDOW/LEGITIMATE CHILD/ETC.] of [NAME OF
EFFECTS DECEDENT].
2. That on [DATE OF DEATH], [NAME OF
 Court to set time for hearing. Notice DECEDENT] died without leaving any will in the
thereof. — When a petition for letters of [CITY] which was his residence at the time of his
administration is filed in the court having death.
jurisdiction, such court shall fix a time and place
for hearing the petition, and shall cause notice 3. That the names, ages, and residences of
thereof to be given to the known heirs and the surviving heirs of the aforementioned deceased,
creditors of the decedent, and to any other are the following to wit:
persons believed to have an interest in the
estate, in the manner provided in sections 3 and Names Ages Relation Residence
4 of Rule 76. (Sec. 3, Rule 79)
________ _______ ________ _________
 Opposition to petition for administration. —
Any interested person may, by filing a written ________ _______ ________ _________
opposition, contest the petition on the ground of
the incompetency of the person for whom letters 4. That the deceased left the following real
are prayed therein, or on the ground of the and personal properties:
contestant's own right to the administration, and
may pray that letters issue to himself, or to any Real Properties Location Probable Value
competent person or person named in the
opposition. (Sec. 4, Rule 79) ___________ ___________ ___________

 Hearing and order for letters to issue. — At ___________ ___________ ___________


the hearing of the petition, it must first be shown
that notice has been given as hereinabove Personal In Possession Probable Value
required, and thereafter the court shall hear the Properties of
proofs of the parties in support of their respective
allegations, and if satisfied that the decedent left ___________ ___________ ___________
no will, or that there is no competent and willing
executor, it shall order the issuance of letters of ___________ ___________ ___________
administration to the party best entitled thereto.
(Sec. 5, Rule 79) 5. As far as the petitioner knows, the
decedent left no debts. [or if there are creditors, list
 When letters of administration granted to any the names and addresses of the creditors]
applicant. — Letters of administration may be
granted to any qualified applicant, though it WHEREFORE, it is respectfully prayed that
appears that there are other competent persons after due notice, publication and hearing, letters of
having better right to the administration, if such administration of the estate of [DECEDENT] be
persons fail to appear when notified and claim issued to herein petitioner.
the issuance of letters to themselves. (Sec. 6, [PLACE]. [DATE].
Rule 79)

[SIGNATURE]
[NAME OF COUNSEL]
Counsel for Petitioner
FORMAT [ADDRESS]
[PTR. NO.]
(CAPTION) [ROLL OF ATTORNEY NO.]
[IBP NO.]
PETITION [MCLE COMPLIANCE NO.]
(VERIFICATION AND CERTIFICATION AGAINST Properties of
FORUM SHOPPING)
Mitsubishi Jane Roe-Doe P800,000
(JURAT)
Montero
EXAMPLE
5. As far as the petitioner knows, the
decedent left no debts.
REPUBLIC OF THE PHILIPPINES
WHEREFORE, it is respectfully prayed that
NATIONAL CAPITAL REGION after due notice, publication and hearing, letters of
REGIONAL TRIAL COURT administration of the estate of JOHN DOE be issued
to herein petitioner.
Pasay City
Pasay City. July 2, 2018
Branch No. 1

IN THE MATTER OF S.P. PROC. NO. 11111 [SIGNATURE]


THE INTESTATE ATTY. JOSE P. RIZAL
ESTATE OF THE Counsel for Petitioner
DECEASED JOHN DOE 11 11th Ave., Caloocan City
PTR. No. 11111/Caloocan City/12-31-18
JANE ROE-DOE, Roll of Attorney No. 1111
Petitioner. IBP Lifetime Membership No. 11111
MCLE Compliance No. 1111
x------------------------x
PETITION I, JANE ROE-DOE, of legal age, do hereby
FOR ISSUANCE OF LETTERS OF state that I have caused this Petition to be prepared; I
ADMINISTRATION have read its contents and affirm that they are true
and correct to the best of my own personal
PETITIONER, through counsel, respectfully knowledge; I hereby certify that there is no other case
alleges: commenced or pending before any court involving
1. That the Petitioner, who is of legal age and the same parties and the same issue and that, should
a resident of 111 Menlo St., Taft Ave., Pasay City is I learn of such a case, I shall notify the court within
the widow of JOHN DOE. five days from my notice.

2. That on the June 28, 2018, JOHN DOE IN WITNESS WHEREOF, I have signed this
died without leaving any will in Pasay City which was instrument on July 2, 2018 in Pasay City, Philippines.
his residence at the time of his death.
3. That the names, ages, and residences of [SIGNATURE]
the surviving heirs of the aforementioned deceased, JANE ROE-DOE
are the following to wit: Petitioner

Names Ages Relation Residence


SUBSCRIBED AND SWORN TO before me
Janie Doe 35 Daughter Makati City in Pasay City, Philippines on this 3rd day of July
2018, affiant exhibiting before me his Government
Johnny 33 Son Pasig City Issued ID No. 1111111 issued on August 6, 2012 at
Doe Pasay City.
[SIGNATURE]
4. That the deceased left the following real ATTY. APOLINARIO MABINI
and personal properties: Notary Public for City of Manila
Until December 31, 2018
Real Properties Location Probable Value 182 Estrada St., Taft Ave., Manila
PTR No. 123/Manila/12-31-2018
House and Lot Pasay City P5,000,000 Roll of Atty. No. 45678
IBP Lifetime Membership No. 910
House and Lot Pasig City P8,000,000 MCLE Compliance No 9876

Personal In Possession Probable Value Doc. No. 21


Page No. 4
Book No. 1
Series of 2018.