You are on page 1of 4

Nature and Purpose Substantive Basis Jurisdiction

Probate Determmines due Civil Code RTC: If more than

Extrajudicial settlement execution,
When theretestimonial
is: 300,000 (outside
RTC: If more than Metro
by agreement between
Summary settlement When the decedent, 300,000
MTC (outside Metro
whether or not with a

Nature Substantive Basis Jurisdiction What is Filed

Fiduciary RTC: If more than Petition for letters
300,000 (outside testamentary (with will)
Action of Court Prescriptive Period Publication
Claims Against the Estate After issuance of letters, Notice shall state the Executor/administrator
Actions By and Against the court shall issue a time for filing claims shall cause the notice to
Executors/Administrator D. PAYMENT OF DEBTS
Payment of Debts (If Contingent Claims Fixing of Payment of Debts (If
Estate Sufficient)
Rules: Contributive Shares Estate 1059
If contingent claims ruled Shall be fixed by the 1. Articles Insolvent)
1. Payment shall be made as valid, Court having 2239-2251 of the CivilAND PARTITION O
Jurisdiction Venue Who will file When to file
Same as settlement court Same as settlement court Co-heirs (Civil Code Towards the end of the
Article 1078. Where proceedings for
What is Filed Who May File When to File
Petition for 1. Executor; (Reckoning Point
1. During lifetime of +
probabte/allowance of a will
Only when heirs disagree can 2. Devisee;
Intestate heir/s testator by the testator;
The presumption that
they file an ordinary
Petition for summary action 1. Executor; the decedent left no
settlement of estates of small 2. Devisee;

Who May File Contents of Petition Court Action After

Any interested person* 1. Jurisdictional facts; 1. Set timeFiling
and place for
2. The names, ages, and hearing the petition CLAIMS
Posting Filing Nature of Claims that
Executor/administrator shall Within 10 days after 1. All Must
also cause the notice to be publication
Against: and posting, against the decedent
1. Actions to recover real or
Order for Payment of Debts Remedies
+ Time
Before thefor Paying Debts
expiration of the Appeal
BUTION ANDtime limited for
PARTITION OFthe payment
What petition is called Contents of petition and Court action
Project of Partition required attachments
Proposal for distribution of Approval of final
the hereditary estimates and accounting and project
Contents of Petition + Court Action Notice + Service Publication
Required Annexes
1. Jurisdictional facts; After Filing
1. Fix a time and 1. Copies of notice of Notice of time and place
2. The names, ages, and place for time and place are to of
fact of 1x
thea week for 3
Notice shall be made to extrajudicial settlement
Notice published once a
interested persons as week for 3 consecutive

Notice + Service Publication Opposition Hearing

1. Copies of notice of Notice of time Any interested peron Proof:
time and place are to be
ERMING CLAIMS and place of may oppose by filing a
How to File a Claim Answer of Service of Answer Disposition of Admitted
1. Delivery of claim to Executor/Adm
Within 15 days By the Claim shallClaim
the court with necessary after service of executor/administrator be submitted by the clerk

remedies (appeals?)
An heir entitled to the
residue of the estate
Hearing Judgment Remedies
NOT OPPOSED: A certificate of Appeal
allowance, signed
*No extrajudicial by the Sec. 4 and 5, Rule 74
1-3 months from last settlement shall
COURT ACTION: be Sec. 4 and 5, Rule 74
publication of notice

Judgment Remedies Revocation

1. LETTERS OF Appeal 1.If will discovered after
ADMINISTRATION: issuance of letters of
Trial of Contested Claim Judgment Appeal
Upon filing of Judgment Appeal as in ordinary
answer/expiration of date, clerk approving/disapproving cases