Kyra S.
Sy-Santos
Rule 84 General Powers and Duties (AMP)
(1) Access to partnership books and property;
(2) Shall maintain in tenantable repair the
properties of the estate; (3) Has the right to
the possession and the management of the
properties so long as it is necessary for the
payment of debts
Rule 85 Accountability and Compensation
*E/A may reimburse expenses he incurred
*An E/A who is a lawyer may not recover
attorney’s fees from the estate
*Render of account
GR: W/in 1 year from LoA
Exp: As may be allowed by court
Rule 86 Claims Against Estate
1. Notice to be issued by the court
2. Time to File (a) >6mo. but <12mo. from date
of publication of the notice. (b) If the creditor
fails to file within such period, the court may
allow such claim to be filed within 1 month.
Provided, that there is no order of distribution
3. Publication: 3 successive weeks in a
newspaper of gen. circ | Posting: 3 successive
weeks in 4 public places in the province and 2
public places in the municipality
4. Filing a copy of notice with the court: - W/in
10 days after publication |- W/ affidavit (1st
and last date of publication + name of
newspaper)
5. How to file claim (DSA2)
(1) Deliver the claim with the necessary
vouchers to the clerk of court; (2) Serve a copy
thereof on the executor or administrator; (3) If
the claim is due, it must be supported by an
affidavit stating the amount due and the fact
that there has been no offsets; (4) If the claim
is not due or contingent, it must be
accompanied by an affidavit stating the
particulars thereof.|*All money claims against
the decedent must be filed within the period
given, otherwise they are barred forever.
Exp. May be set forth as counterclaims
6. Answer: w/in 15 days from receipt of claim
- must allege in offset any claim that the
decedent has against the claimant
7. Trial: set by the clerk after filing of answer
or expiration of the time to file.
8. Appeal: appealable as in ordinary cases
*Mortgage debt due from estate: (AF2)
(1) Abandon the security and prosecute his
claim under this rule; or (2) Foreclose the
security with the E/A as defendants and claim
deficiency afterwards, if there is any; or (3)
Foreclose the security within the statute of
limitation. Claim for deficiency not allowed.
Rule 87 Actions by and against
*Actions by the E/A (SF2C)
(1) actions that survived the decedent; (2)
foreclosure of mortgage; (3) recovery of
fraudulently conveyed property; (4) may
compound with debtors
*Actions against the E/A (RED)
(1) actions to recover property/interest; (2)
enforcement of liens; (3) recovery of damages
Rule 88 Payment of Debts of the Estate
GR: Payment of the debts of the estate must
be taken in the following order of preference:
(1) From the portion designated in the will; (2)
From the personal property; and (3) From the
real property.
Exp: The court, on petition of interested
parties, may modify such order of disposition.
*Contingent claims must be presented within
2 yrs from becoming absolute, otherwise the
claim shall be brought against the distributees
*If the estate is insolvent, Concurrence and
Preference of Credits must apply.
Rule 89 Sales, Mortgages and Other
Encumbrances
The court may order the whole or part of the
personal estate to be sold if necessary: (DLE)
(1) To pay debts and expenses of admin;
(2) To pay legacies; or
(3) To cover expenses for the preservation of
the estate
*Without notice and hearing, the sale,
mortgage or encumbrance is void.