P30.

) requisite for extrajudicial settlement

1. Decedent died intestate

2. There are no outstanding debts at time of settlement
3. Heirs are all of legal age or minors represented by judicial guardians or legal representatives
4. The settlement is made in public instrument or by means of affidavit, incase of a sole heir, duly filed with the
register of deeds
5. Publication of extrajudicial settlement in newspaper of general circulation in the province 1 x 3
6. Filing of a bond equivalent to value of personal property posted with register of deeds

P65.) the petitioner should present, to the probate court, the following:

1. Evidence that the order of the court fixing the time and place for proving the will has been published for 3cw
prior to the time appointed
2. Evidence that a notice of such hearing has been served upon the known heirs, legatees, devisees of the resident
testator at least 20/10 days prior
3. If the petitioner is not the executor, evidence that notice has been served upon the executor, if his place of
residence is known
4. Testimonies of the subscribing witnesses in support of the will

P67.) whether the will was a notarial or a holographic one, its loss or destruction may only be proved upon the
concurrence of the following requisites:

1. Its execution and validity are established

2. It must have been in existence at the time of the testator’s death, or is shown to have been fraudulently or
accidentally destroyed during the lifetime of the testator without his knowledge
3. Its provisions must be clearly and distinctly proved by at least 2 credible witnesses

P92.) order of preference in appointment as administrator:

1. Surviving spouse
2. Next in kin
3. Person requested by the surviving spouse or next of kin
4. Principal creditor
5. Other person selected by the court

P134.) the following claims must be filed with the statute of non-claims as set by the court

1. Claims for money against the decedent arising from contract, express or implied, whether due, not due or
contingent.
a. If decedent dies before entry of final judgment, it shall not be dismissed but shall be allowed to continue
until entry of final judgment.
2. Claims for funeral expenses and expenses for last sickness of decedent
3. Judgment for money against decedent
a. Must be presented as a claim against the estate where the decedent/judgment debtor dies before levy
on execution

P145.) midterm

1. Abandon the security and prosecute his claim against the estate and share in the general distribution of the
assets of thereof;
2. Foreclose his mortgage or realize upon his security by action in court, making the executor or administrator a
party defendant and if there is judgment for deficiency, he may file a contingent claim against the estate within
the statute of non-claims
3. Rely solely on his mortgage and foreclose (judicial or extrajudicial) the same at any time within the period of the
statute of limitations but he cannot be admitted as creditor and shall not receive in the distribution of the other
assets of the estate

P163.) order preference for the payment of debts of the estate is as follow:

1. From the portion or property designated in the will

2. From the personal property
3. From the real property

P164.) instances when realty can be charged first

1. When the decedent’s personal property is insufficient

2. When the sale of personal property shall be detrimental to the participants of the estate
3. When the sale of personal property may injure the business or interest of those interested in the estate
4. When the testator has not made sufficient provision for payment of such debts, expenses and legacies
5. When the decedent was, in his lifetime, under contract, binding in law, to deed real property to beneficiary
 6. When the decedent during his lifetime held real property in trust for another

Before the foregoing may apply the following requisite must be complied

1. The executor or administrator makes an application with the court

2. Written notice is given to the persons interested
3. Hearing by the court