SETTLEMENT OF ESTATE

ADMINISTRATION
WITH A WILL
PROCEEDINGS

WITHIN THE VENUE:

PHILIPPINES Where Decedent Died
EXTRAJUDICIAL JURISDICTION
SETTLEMENT; OR, Where value of property is
WITHOUT A WILL PARTITION P200,000.00 or less – MTC*
>P200,000.00 – RTC
Metro-Manila – P400,000.00 or less
DEATH – MeTC
NATURAL
(natural or >P400,000.00 –RTC
PERSON
presumptive P200,000.00 or less – MTC
>P200,000.00 – RTC;
Metro-Manila – P400,000.00 or less-
MeTC
ADMINISTRATION >P400,000.00 – RTC
WITH A WILL PROCEEDINGS
*2004 = MTC jurisdiction shall be
VENUE: increased by P100 thousand
OUTSIDE THE When property is
PHILIPPINES located
EXTRAJUDICIAL
SETTLEMENT; OR,
WITHOUT A WILL
PARTITION
 ADJUDICATION OF SOLE HEIR

ASCENDANTS/S* (natural or
DEATH presumptive)
EXECUTE A PUBLIC PUBLICATION
SOLE HEIR INSTRUMENT (Affidavit of Publication)

MUST HAVE: An exhaustive affidavit duly notarized, PAYMENTS OF:

1. Ascendant’s Certificate of Death; stating: A. Estate Tax(BIR)
2. Muniments of Title [e.g. Title, Tax (a) That he is the SOLE HEIR; B. Transfer Tax(Local
Declaration, Lot Plan] (b) the decedent left no debts; or If Treasurer)
3. His Birth Certificate; there be any, the same had been C. C. Bond, for personal
4. Certificate of Non-Tax Delinquency fully paid, attaching proof thereof; properties ( cash or
[all realty taxes must be paid until (c) the specific properties [real of surely, RLT&D)
current tax period] personal] with; [1] specific
5. Bond [for personal properties] descriptions thereof, [2] their
6. Certificate of membership to a exact locations [3] values [4] REGISTRATION
cultural community, when improvements thereon, if any; (With the Registrar of Land
applicable; titles and Deeds)
7. DA or DAR Certification as to CARP, and attaching all the requirements of of the Affidavit of
etc., if involving agricultural land; the law and the rules, such as Adjudication of sole Heir,
8. Certification from the CENRO or (i) Muniments of Title; attaching therewith all the
PENRO of DENR (ii) Death Certificate documentary exhibits as
(iii) Birth Certificate enumerated; PLUS payment
(iv) Certificate of Non – Tax of Registration Fees.
Delinquency
(v) CARP Certificate
(vi) Cultural Community
Membership.

ISSUANCE OF NEW TITLE

And/or Tax Declaration
 EXTRAJUDICIAL SETTLEMENT OF ESTATE

NO AGREEMENT PARTITION (Rule 69) Court of Proper JUDGMENT

Jurisdiction

DEATH (natural or presumptive) PUBLIC INSTRUMENT PUBLICATION

HEIRS (written Duly notarized) In a newspaper of general
of ancestor
circulation, 3 weeks

WHO: WHO: STATING: ATTACHING:

1. left NO WILL
2. left NO DEBTS (or if there are,
these were paid by heirs)
3. left properties, personal
and/or real
4. left heirs
NO HEIRS:
ESCHEAT
proceeding shall be
initiated by State
through the Sol. Gen.
1. are all of legal AGES, if 1. Their personality therein; 1. Muniments of Title
some of them are of 2. Enumerating the decedent’s 2. Certificate of Non-Tax
properties, the specific REGISTRATION
minor age, must be Delinquency
descriptions and the locations W/ the Registrar of
represented by judicial thereof, their value, the 3. Survey/Subdivision Plan
land titles & deeds
or legal guardian / possessor, etc. 4. Certificate of membership in
representative, duly 3. The decedents left no debts, or a cultural community
authorized for such if there were any, these were 5. Certification from DA / DAR
purpose fully paid, attaching proof re: CARP
2. AGREE to the thereof; 6. Certification from CENRO or ISSUANCE
4. the circumstances of the death Of new muniments
extrajudicial settlement PENRO, of DENR
of the decedent, attaching of title
proof thereof; 7. Payment of Estate Tax (BIR)
8. Payment of Transfer Tax
(local treasurer)
Court of Proper
ORDER HEARING (not more than 6
Jurisdiction setting case for hearing months from date of Order)
(MTC,RTC)
JUDGMENT (grant of
PUBLICATION ....properties to proper
Of Order, 6 weeks political subdivisions of the
State
 ALLOWANCE OF WILL PROVED OUTSIDE THE PHILIPPINES

AUTHENTICATED PETITION COURT OF PROPER APPOINTMENT OF:

COPIES OF THE: Filed by executor or other JURISDICTION ANCILLARY ADMINISTRATOR
WILL person interested therein [MTC,RTC: [one who shall administer the
[proved in a foreign country] where property is located;] properties in the Philippines, if
DECREE no one is named in the will for
[allowing the same] such purpose]

ORDER DOMICILIARY ADMINISTRATOR

Stating time and place of [who has no power to
hearing, copy furnished to all administer properties in the
interested parties Philippines]

HEARING CERTIFICATE OF ALLOWANCE

EVIDENCE NECESSARY With will attached, filed &
1. The due execution of the recorded with the Clerk of Court
will in accordance with
the foreign laws;
2. The testator has his
domicile in the foreign ALLOWED
country and not in the
Philippines
3. The will has been
admitted to probate in DECISION
such country
4. The laws of the foreign
country on procedure &
allowance NOT ALLOWED

APPEAL
 SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE

HEIRS or ANY INTERESTED

FILE PETITON PERSON

1. with the MTC;

2. stating the following:
(a) the proper personality to
file the petition (interest
on the property, proof of
interest, etc.)
(b) gross value of the
property (which should be
not less than P10,000.00);
(c) the muniments of title
ISSUANCE OF ORDER
SUMMARY PROCEEDINGS a. Granting the Petition;
(filing of REPLY to opposition, b. Directing Petition to pay all
other claims, memoranda) debts which are due;
Presentation of documentary / c. Adjudicating the property to
testimonial evidence upon the proper party;
discretion of the Court d. Petitioner to pay the costs;
e. The same to be recorded
with the Registry of Deeds.

HEARING FILING of APPEAL

ISSUANCE OF ORDER W/c should not be less than 1 Opposition; (following the rules on appeal)
setting the case for hearing month nor more than 3 months Other claims, if any
from the last publication

NOTICE
PUBLICATION
(which is the Order)
of the Order in a newspaper
to be served on known
of general circulation, for 3
interested parties
consecutive weeks
 ALLOWANCE / DISALLOWANCE OF WILL

NOTARIAL FILE PETITION FOR PROBATE CONTENTS COURT OF PROPER HEARING

AND/OR BY:
HOLOGRAPHIC Devisce named in the will;
WILL Executor, if one is named;
L, if one is named;
Testator, [while still alive]
Any other person interested in
the estate [who would be
benefited by the estate-heir;
creditor]
1. Jurisdictional
2. Names, ages, residences of
legalese, devisces, heirs
3. Probable value & character
of properties
4. Name of person whom letters
are provided for
5. Name of person in possession
or custody of will, if not
delivered to the court
JURISDICTION
1. Issues Order giving notice to
all concerned stating the
date, time and place when
the allowance shall be heard
2. Publication of said Order for 3
consecutive weeks in a
newspaper of general
circulation [except when
testator files probate]
3. Send copies of Order to all
heirs, legalese, devisces,
executor, interested person
who filed petition
1. Proof of notice, publication
mulling
2. Presentation of evidence
documentary, testimonial
3. Presentation of Opposition
to the allowance
a. Testator alive
b. Will executed not in
accordance with law
c. At the making of
will, Testator was
not of normal mind,
under duress,
menace, undue
influence; victim of
fraud

REGISTRATION w/
ALLOWED ISSUE CERTIFICATE OF Register of Deeds, only HEARING
ALLOWANCE when real property is On the Intrinsic Validity JUDGMENT

OPPOSITOR
May file appeal under w/in 30 days Rule 109, and
if period has expired, Petition for Review under JUDGMENT
Rule 38 w/in 60 days but not more than 6 months

PETITIONER
DISALLOWED ORDER distributing the
May file appeal under Rule 109
properties of estate in
accordance with the will
 MODES OF SETTLEMENT OF ESTATE OF
DECEASED PERSON

NATURAL ADJUDICATION OF SOLE

PERSON HEIR
Public
Instrument
EXTRAJUDICIAL
SETTLEMENT OF STATE

DEATH
(natural or ORDER/NOTICE OF THE PUBLICATION
SUMMARY SETTLEMENT OF
presumptive) HEARING
SMALL VALUE

PARTITION HEARING
(RULE 69)
PETITION

ADMINISTRATION OPPOSITION
PROCEDDINGS VALUE OF PROPERTY
1. Not more than P TRIAL; REGISTRAR
200,000.00 = MTC ;MM SUBMISSION OF LAND
ESCHEAT P400,000M OF TITLES &
PROCEEDINGS PLEADINGS & DEEDS
2. More than P200,000.00 EVIDENCE
= RTC;MM = more than
P400,000.00
ISSUANCE OF
3. Where descendent died; NEW TITLE
Where property is located OR
=*2004 = MTC jurisdiction JUDGEMENT
MUNIMENTS
shall be increased by P100 DECISION
OF TITLE
thousand ORDER APPEAL

DEATH of Administrator
INTESTATE PROCEEDING
LETTERS OF ADMINISTRATION
ISSUED
TESTATOR’S WILL DISCOVERED
WHEN ADMISTRATOR OR EXECUTOR
N(asp)AIA
1. Neglects to render his account
2. Neglects to settle the estate
according to law
3. Neglects to perform an order or
judgement of the court
4. If he Absconds
5. If he becomes Insane
6. If he becomes in Anyway
incapable or unsuitable for the
RULE 82: REVOCATION OF ADMINSTRATION, DEATH, RESIGNATION
AND REMOVAL OF EXECUTORS AND ADMINISTRATORS
Remaining administrator executor shall
continue administration, UNLESS the court
shall appoint another suitable person
WILL PROBATED and ALLOWED
LAFPAD
1. Lack of harmony or conflict of
interest with persons having interest
in the estate.
2. Active hostility to a creditor
3. False representation to get
appointment
4. Physical Incapacity
5. Adverse interest in the estate
6. Delays in winding or settlement of
TAKE NOTE:
1. Mere discovery of a will does
not automatically revoke an
issued letters of
administration, as this must
first be probated and allowed;
LETTERS OF ADMISTRATION IS
2. Lawful acts, done in good faith
REVOKED
in the course of the
1. all powers of
administration, shall remain
administration shall cease
valid and binding;
2. the administrator shall
3. If the acts of the administrator
surrender his letters to the
or executor were unlawful
court
prior to his removal or
3. the administrator shall
resignation, these shall remain
render his account within
invalid after his removal or
such time as the court
resignation;
4. proceeding for the
4. A removed administrator who
assurance of letters
continues to act as such is an
testamentary or of
administrator de facto, until he
administration under the
delivers the estate to the new
will shall be had
administrator, and is still
REMOVED or PERMITTED TO
subject to the orders of the
RESIGN
court.
And proceedings for the issuance of
new letters testamentary or of
administration shall be had if there
are no more
administrator/executor to
 SETTLEMENT OF ESTATE – ADMINISTRATION PROCEEDINGS
PROBATE DISALLOWED APPEAL
TESTATOR’S DEATH NOTICE
ISSUANCE of
ORDER setting ORDER SPECIAL ADMINISTRATOR
date, time & place WHEN
NO OPPOSITION for the probate 1. There is delay in grant of
PROBATE letters testamentary or
HEARING ALLOWED J administration by any cause;
[Extrinsic Validity] U 2. There is an appeal from the
1. Jurisdictional D allowance or disallowance of
PUBLICATION 2. HEARING G will;
Of the Order for 3 3. Holographic [Intrinsic validity] M 3. The executor or
consecutive weeks 4. 1. Testamentary E administrator is a claimant
in a newspaper of 5. capacity, etc N against the estate;
general circulation T 4. There is any other cause
arising from the probate of
the will
OPPOSITION NO OPPOSITION

ISSUANCE OF
ISSUANCE OF NEW TITLE, REGISTRAR OF LAND DISTRIBUTION PUBLICATION/POSTING
(1) Letters testamentary to one
ETC., OF OWNERSHIP TITLES & DEEDS, ETC. Of the Estate in accordance Of notice
named in the will, or next of kin,
with the will after (a) By executor
or any other person upon the
1. Approval of decree of (b) In newspaper of
sound discretion of the Court, if
partition and general circulation
the named executor is
2. Payment of all taxes (c) Designated public
disqualified or if no one is named
places
therein
(2) Notice to all persons with money
claims against the estate
PAYMENT OF DEBTS
OF THE ESTATE

INVENTORY, APPRAINAL, MONEY CLAIM

ACCOUNTING, COLLATION of
 Rule 78: LETTERS TESTAMENTARY; Rule 79: OPPOSITION TO LETTERS TESTAMENTARY;
Rule 80: SPECIAL ADMINSTRATOR

THIS WILL IS ALLOWED Rule 80 After Inventory, Accounting and

But COURT may appoint SPECIAL Collation, ADMINSTRATOR may now
1. there is no named executive ADMINISTRATOR WHEN (a) Pay the Debts of the Estate
2. named executive 1. There is delay in the (Rule 88) and
a. is not qualified 2. (b) Proceed to distribution and
b. 3. partition of the estate(Rule 90)
c. 4.
d.

WHO MAY BE NAMED: ADMINSTRATOR may now Rule 82

1. Surviving Spouse a. Make inventory & Letters may be REVOKED
2. appraisal for family due to:
3. support[Rule 83] N(aap)IA
4. b. Exercise power and And
5. dubes[Rule84] LAF PAD

Rule 78 Rule 79
FILE PETITON OPPOSITION Rule 81 ISSUANCE OF LETTERS
Qualification [] By any interested person in the Filing of BOND TESTAMENTART
1. Resident of the Phil following grounds:
2. Age of majority 1.
3. Non 2.
3.

ORDER
PUBLICATION OF ORDER
(3 consecutive weeks in a
newspaper of general circulation)
PETTION GRANTED
[Letters Administration is ordered
issued to one proven to be
HEARING competent, qualified, willing & able
to post bond and who accepts]
DECISION

PETITION APPEAL
DENIED