SPECIAL PROCEEDINGS

I INTRODUCTION

A) What is a special proceeding?

B) Define status.
C) What are the differences between a civil action and a special
proceeding?
D) Name the different special proceedings in the Rules of Court and
indicate what each establishes.
E) Give ten special proceedings provided by laws or rules other than the
Rules of Court and indicate what each establishes.

II SETTLEMENT OF ESTATE
A) What is settlement of estate?
B) What is the purpose of settling the estate of a person?
C) Who may settle the estate of a deceased person?
D) What are the two kinds of settlement of estate? Give three differences
between the two.

III EXTRAJUDICIAL SETTLEMENT

A) What are the two ways of settling an estate extrajudicially?

B) What are the requisites so that an estate may be settled
extrajudicially?
C) May an estate be settled through a Deed of Extrajudicial Partition?

IV JUDICIAL SETTLEMENT

A) Is judicial settlement of estate the same as a probate proceeding?

B) How may an estate be settled judicially?
C) Which court has jurisdiction over judicial settlement of estate?

V INTESTATE PROCEEDINGS

A) When may a person be considered to have died intestate?

B) How may the estate of a person who died intestate be settled?
C) What are the jurisdictional facts that must be alleged in a petition to
be filed in intestate proceedings?
D) Prepare a diagram of the procedure to be followed in the appointment
of an administrator.

VI TESTATE PROCEEDINGS

A) What is probate?
B) What is a will?
C) What is a testament?
 D) What are the two kinds of wills. Give ten differences between them.
E) What is allowance of a will?
F) What is the purpose of allowing a will?
G) What is the effect of the allowance of a will?
H) What is the difference between intrinsic and extrinsic validity?
I) What must be considered in determining the extrinsic validity of a
will? Define each.
J) Who may petition for the allowance of a will?
K) May an heir who has renounced his inheritance ask for the allowance
of a will?
L) What are the jurisdictional facts to be alleged in a petition for probate?
M)What are the jurisdictional requirements for the allowance of a will?
N) When is notification to the heirs a jurisdictional requirement?
O) What is your remedy if a will is allowed despite your opposition?
P) Give six grounds for the disallowance of a will.
Q) Who may ask for the disallowance of a will?
R) What is the remedy if a will is disallowed?
S) What is the effect of the disallowance of a will?

T) ALLOWANCE OF HOLOGRAPHIC WILL

1) What must be proven in the allowance of a holographic will?

2) Make a diagram of the procedure to be followed if a testator
would seek the allowance of his holographic will.
3) May a petition for probate filed by the testator himself be subject
to opposition?
4) Make a diagram of the procedure to be followed if a person would
seek the allowance of a holographic will, without any opposition.
5) Make a diagram of the procedure to be followed if a person would
seek the allowance of a holographic will, if there is an opposition.

U) ALLOWANCE OF NOTARIAL WILL

1) What must be proven in the allowance of a notarial will?

2) Make a diagram of the procedure to be followed if a testator
would seek the allowance of his notarial will.
3) Make a diagram of the procedure to be followed if a person would
seek the allowance of a notarial will, without any opposition.
4) Make a diagram of the procedure to be followed if a person would
seek the allowance of a notarial will, if there is an opposition.

VII EXECUTORS

A) Who is an executor?
B) Who may become an executor?
C) How may one become an executor?
D) How may one be removed as an executor?
E) What are the qualifications of an executor?
 F) What are the duties of an executor?
G) What are the powers of an executor?

VIII ADMINISTRATORS

A) Who is an administrator/administratrix?
B) Who may become an administrator/administratrix?
C) How may one become an administrator/administratrix?
D) How may one be removed as an administrator/administratrix?
E) What are the qualifications of an administrator/administratrix?
F) What are the duties of an administrator/administratrix?
G) What are the powers of an administrator/administratrix?
H) Who is a special administrator/administratrix?
I) When may a special administrator/administratrix be designated?
J) What are the qualifications of a special administrator/administratrix?
K) What are the limitations of the powers of a special
administrator/administratrix?

IX TRUSTEES

A) May a trustee named in the will petition for the probate of such will?
B) What are the extents of his authority?

(to be continued)