Verily, the jurisdiction also extends to
matters incidental or collateral to the
settlement and distribution of the estate,
such as the determination of the status fo
each heir and whether the property is
conjugal or exclusive property of the
deceased spouse.
Probate court
- Can rule on whether the property is
conjugal and form part of the estate
- It is empowered to identity the
nature of the property
- Can liquidate the conjugal
partnership and distribute the same
Jurisdictional facts that must be alleged in
the probate of a will
1. Death of the decedent
2. Residence at the time of death in
the province where the probate
court is located
3. If non-resident, such fact and that
he left properties in the province
where the probate court is located
 That there is a last and testament
 Who are the heirs
 Nature and character of the
property
If it were for the probate of a will
 That the will has been submitted for
probate
 If not, then state the custodian of
the will
If it were not for probate of the will but a
petition for letters administration
 Person to be appointed as
administrator
Prayer part of the probate of the will
- To allow the probate of the will and
issuance of letters testamentary
Letters testamentary – issued to the
caretaker of the estate as name in the LW
Letters administration – issued if intestate
- If no named executor in the LW
Common denominators to warrant
extrajudicial settlement of estate
1. Decedent left no will
2. Decedent left no debts
3. All heirs are of legal age
4. Posting of a bond
5. Publication of the EJS in a
newspaper of general circulation
once a week for 3 consecutive
weeks
6. Instrument containing the EJS must
be recorded with the register of
deeds where the properties are
located
7. It must be in a public instrument
Remedies when there is already an EJS:
1. If bond is filed, claim the rightful
share from the bond – 2 yrs from
the actual settlemetn and
distribution of estate
- Real estate property – action for
reconveyance
2. Action for annulment of EJS
3. Accion reivindicatoria
- Not applied when there if further
transfer to an innocent purchaser
for value

4. Action for completion of legitime by

way of economic lesion
5. Reconveyance