Rule 81, 82, 83, 84, 85 and 87
bond?
Powers, Duties, Accountability, Compensation
and Revocation of Appointment if Executors
and Administrators
Rule 81
Posting of Bond
Discussion: before and executor or
administrator enters upon his execution of his
trust
Section 1: Bond of executor/administrator
Before an executor or administrator enters
upon the execution of his trust, and letters
testamentary, or administration issue, he shall
hive a bond, in such sum as the court directs,
conditioned as follows:
a. to make a true and complete inventory of
property which came to his knowledge and
possession within 3 months;
b. administer the estate from the proceeds, pay
all debts and charges;
c. render a true and just account within one (1)
year; and
d. perform all the orders of the court.
Purpose of the bond
a. The posting of the bond is required by the
ROC for the benefit of the creditors and the
heirs as it compels the administrator, whether
regular or special, or the executor to perform
the trust reposed in and discharged the
obligations incumbent upon them. (Ocampo v.
Ocampo, July 5, 2010)
b. bond is intended to indemnify the creditors
and/or the heirs of the estate in case of breach
of duty of the executor/administrator.
Q: May an executotor serve without posting a
A: Yes.
Section 2, rule 81
GR: An executor can serve without a bond if the
testator directs in his/her will that he/she
serves without a bond. (Is this absolute? No.)
XPN: The court may still require the executor to
post bond to answer for the debts of the
testator, or in case there is a change of
circumstances or other sufficient cause.
(discretion of the court)
Two or more executors/administrators
a.the court may take a separate cond from
each; or
b. a joint bond from all. (Section 3, Rule 81)
Bond of special administrator
Special administrator is appointed by the court
in case there is delay in the issuance of letters
of testamentary or letters of administration. (to
preserve and protect the property until an
executor or a regular administrator is appointed
by the court.
Q: Is the special administrator required to post
a bond?
A: Yes.
Section 4, Rule 81
A special administrator before entering upon
the debts of their trust shall give a bond
conditioned to comply with the following
responsibilities:
a. to make and return a true inventory;
b. render an accounting when required bu the
court; and

c. to deliver the same to the person appointed

executor or regular administrator or other
authorized person.

terms and effectivity of the bond

as long as the probate court retains jurisdiction

of the estate, the bond contemplates a
continuing liability. (Luzon surety v. quebrar,
127 SCRA 295)

The bond is effective as long as the court has

jurisdiction over the proceedings.