MONZON, JESSA MARIE M.

LAW 3E
Special Proceedings

4th STUDY GUIDE: LETTERS TESTAMENTARY & LETTERS OF ADMINISTRATION,

CLAIMS AGAINST THE ESTATE AND DISTRIBUTION AND PARTITION

ASSESSMENT AS PART OF THE FINAL EXAM

Compare and Contrast the uploaded Petition for Probate of Will and the Petition for
Issuance of Letter of Administration

ANSWERS:

Petition for Issuance of Petition for Probate of Will

Letter of Administration

1. Where filed

Filed in Regional Trial Court Filed in Regional Trial Court

2. Petitioner

There is no will. Intestate. There is a will. Testate.

There is no named Executor/Administrator. There is named Executor.

The petition is for Issuance of Letters with The petition is for the probate of will and
Prayer for the Special Administratix settlement of the estate by the named
Executor

The interested person is an heir. The interested person is the Executor.

 3. Content
The jurisdictional facts: a. Death
of the testator; b. His Residence
at the time of death. No facts about
the will since the decedent died
intestate
The Jurisdictional Facts: a. Death of the
testator; b. His Residence at the time of
death or the province where estate was left
by the decedent who is a non-resident; and
c. The Fact that the will has been delivered
to the court;
The names, ages, and residences of the The Names, ages, and residences of the
heirs, and the name and residences of testator or decedent, and the heirs;
of the decedent;

The probable value and character The probable value and character of the
of the property of the estate according to property of the estate based on the will;
the best of petitioner’s knowledge;

The name of the person for whom letters The name of the excecutor mentioned in
of administration are prayed; the will and that he consents to act as one;

No custody of the will mentioned since the The name of the person having Custody of
decedent died intestate; the will if it has not been delivered to the
Court;

No cause of action for probate of will; There is cause of action for probate of will;

No cause of action as to the partition of There is as cause of action for the partition
the estate. of the estate in accordance with the will.

4. Prayer

The petitioner prays for an order The petitioner prayed for the proving of
appointing her to be the special the will and testament; that the will be
administratrix of the estate admitted and letters testamentary be
until issuance of the letters of issued; and the estate be distributed in
administration; Letters of accordance with the will.
Administration be issued for administration,
settlement and partition of the estate.

5. Verification and Certificate of Non-Forum Shopping

The petition for issuance of letter Petition must be verified;

testamentary is not required to be accompanied Certificate against Forum Shopping
by a Certification of Non-Forum Shopping must be attached to the petition.
because it is not an initiatory pleading,
but it is a mere continuation of the original petition
for the probate of the deceased