children sold his indeterminate portion. Is the sale valid despite the pending case in court?

Answer: Yes. The heir now has a vested right on the inheritance.

DEFINITION OF INHERITANCE

The universality of all the property and transmissible rights and obligations constituting the
patrimony of the decedent which are not extinguished by his death and which are available for
distribution among those who are called to succeed after settlement or litigation.

Sample Problem

What happens if there is an outstanding balance? Will the heirs be liable to pay for the
outstanding balance?

Answer: No. The heirs are not responsible for the payment of the debts or obligations of the
decedent, but the estate itself. If the estate should not be sufficient to pay for such debts or
obligations, the heirs cannot be made to pay for the unpaid balance.

Net Estate – subject to partition and distribution to the heirs

CAUSAL ELEMENT

DEATH – The rights to the succession are transmitted from the moment of the death of the
decedent.
When is a person considered dead?
1. Actual or physical death
2. Presumptive death
Determination of the time of death in case of presumptive death

GENERAL RULE: The time when the absentee died must be proved in accordance with the
ordinary rules of evidence.

EXCEPTIONS:
A. ORDINARY ABSENCE – if the death cannot be proved by ordinary rules of evidence, the
absentee is deemed to have died at the time of the expiration of period designated by law
Rules: