‘SPECIAL PROCEEDINGS SETTLEMENT OF ESTATEMODES OF SETTLEMENT OF ESTATE OF DECEASED PERSON VALUE OF PROPERTY #2004 = MTC jurisdiction shall be increased by PI thousand. Muniments of Title [e.g. Title, Tax Declaration, Lot plan] His Birth Certificate; Certificate of Non-Tax Delinquency [all realty taxes must be paid until applicable; : . DA or DAR Certification as to CARP, etc., if involving agricultural land; Certification from the CENRO or PENRO of the DENR wee een nnn ee eee EXECUTE A PUBLIC TNGTRITMENT as ‘stating: (a) That he is the SOLE HEIR; } (®) the decedent left no debts: or, If there : be any, the same had been fully paid, {attaching proof thereof: 1 (©) the specific properties [real of { personal] with: [1] _ specific 1 descriptions thereof, [2 their exact : locations [3] values [4] improvements thereon, if any; and attaching all the requirements of the law and the rules, such as———$———___ Sa DEATH [natural or Dresumptive] Of ancestor Wao: eftNO WILL eft NO DEBTS [or ‘SPECIAL PRocEEDINGs 49 EXTRAJUDICIAL SETTLEMENT OF ESTATE NO AGREEMENT PARTITION [Rule 69] Jurisdiction Court of Proper L al WHO: are” all of legal AGES, if some of them are of minor age, must be represented by judicial or egal ‘guardian 1 Tepresentative, duly authorized for such ee REGISTRATION W) the Registrar of land ites &‘SPECIAL PROCEEDINGS SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE SUMMARY PROCEEDINGS Uling of REPLY to opposition, other |__}> Tess than P10,000.00); its identity or specific ‘W/c should not be less than 1 ‘month nor more than 3 months from the last publication PUBLICATION of the Order in a newspaper of general circulation, for 3 consecutive weeks.74 ‘SPECIAL ProcuEDINGs SETTLEMENT OF ESTATE - ADMINISTRATION PROCEEDINGS ne named inthe wil, or nest of ISSUANCE OF TAN RS Of the Estate in accordance with kin, oc any other person upon the NEWTITLES, LAND TITLES the will, after: sound discretion of the Court, if ETC. OF DEEDS, ETC. 1. approval of decree of ‘the named excoutor is disqualified OWNERSHIP Partition; and, or if'no one is named therein. 2. payment of all taxes. (@) Notice to all persons with ‘money claims against the estate. INVENTORY, APPRAISAL, ACCOUNTING, COLLATION of properties ofthe eatate Jess than 6 mos, nor more than 120s, from 1* date of‘SPECIAL PROCEEDINGS ALLOWANCE / DISALLOWANCE OF WILLSPECIAL PROCEEDINGS 111 ALLOWANCE OF WILL PROVED OUTSIDE THE PHILIPPINES AUTHENTICATED COPIES OF THE: ‘WILL [proved in a foreign country) DECREE [allowing the same] PETITION Filed by executor or other person interested therein COURT OF PROPER JURISDICTION [MTC, RTC: where property is located; ORDER Stating time and place of hearing, copy furnished to all interested parties t1 HEARING EVIDENCE NECESSARY: 1. the due execution of the will in accordance with the foreign laws; 2. the testator has his domicile in the foreign country and not in the Philippines; 3. the will has been admitted to probate in such country: 4.the fact that the foreign tribunal isa probate court; 3. the laws of the foreign country ‘on procedure & allowance of APPOINTMENT OF: ANCILLARY ADMINISTRATOR [one who shall administer the properties in the Philippines, ifno one is named in the will for such purpose) the administrator appointed or named to administer testator’s properties in the foreign country is called the DOMICILIARY ADMINISTRATOR [who has no power to administer ‘Properties in the Philippines] CERTIFICATE OF ALLOWANCE ‘With will attached, filed & recorded with the Clerk of Court118 ‘SPECIAL PROCEEDINGS Rule 78:LETTERS TESTAMENTARY; Rule ‘AMENT '; Rule 79; OPPOSITION TO LETTERS Rule 80: SPECIAL ADMINISTRATOR mse Rule 80 there is delay in the grant of petition there is an appeal inthe allowance oF disallowance of petition; cxecutr/administater is claimant against the estate. There is any other cause arising from the probate of the will ‘Aer lnvenory, Accounting and CColaton, ADMINISTRATOR may ow. (Pay he Debts of the Estate ule 88 nd (@)Proceed to stbuton ‘nd parton of the estate oe (Rule 99, Boe Be Letters may be ISSUANCE OF LETTERS: ‘TESTAMENTARY PUBLICATION OF ORDER [3 consecutive weeks in a newspaper of general circulation]‘SPECIAL PROCEEDINGS RULE 82: REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION AND REMOVAL OF EXECUTORS AND ADMINISTRATORS DEATH of Administrator LETTERS OF ae ADMINISTRATION IS PROCEEDING TAKE NOTE: 1 1. Mere discovery of a will does ‘not automatically revoke an issued letters of administration, REVOKED as this must first be probated and. 1. all powers of administration allowed; ' shall cease: 2. Lawful acts, done in good faith * ees 2. the administrator shall ADMINISTRATION ISSUED surrender his letters to the court 3. the administrator shall render Teer AToR’s WiLL WIE. tis account within such time as DISCOVERED PROBATED and moras ‘ALLOWED A i in the ‘couse of the administration, shall valid and binding, 4 3. Ifthe acts of the administrator or executor were unlawful prior to * ‘N(asp)AIA LAFPAD ‘axiministration shal be had if -- 1 neat ET, ecamy | | 1 Lack of harmony on coe of there arene more 2 Neglects to settle the estate interest with persons having ‘administrators/executors to according 6 int interest in the estate; ‘continue the trust 4. Neglects to perform an order 2. Active hostility a creditor; porn of te cosy, 3. False representations 10 get 4. If he Absconds appointment; 5. Ifhe becomes Insane 4. Physical Incapacity; 6. Ifhe becomes, in Anyway 5. Adverse interest in the estate; incapable or unsuitable for the | | 6 Delays in winding or setement of discharge of the trust the estate.182 SPECIAL PROCEEDINGS R 86: CLAIMS AGAINST THE ESTATE PETITION GRANTED [Letters Administration is ordered issued to one proven to be Competent, qualified, willing & ‘ble to post bond and Who accept] PUBLICATION & POSTING OF | NOTICE, ‘Executor shal fle his answer wiin 15 days rom. receip, furnishing copy to claimants, Rale 86 OF FILING MONEY [Sx On COURT ieee fidavits, demand letters, copy of which is furnished to Administrator254 ‘SPECIAL PROCEEDINGS Rule 91: Escheat APPFAIS fj—_-———— Lt Civilly interdicted persons Hospitalized lepers Unsound mind Prodigals Age, disease, weak minded persons (eat & dam enable 19 read & wie WHO MAY OR MAY NOT HAVE PROPERTY SPECIAL PROCEEDINGS RULE 92: GUARDIANSHIP PETITION filed by any of the following: MINOR / INCOMPETENT IS A RESIDENT: MINOR / INCOMPETENT IS NOT A RESIDENT: F riend Friend O ther persons for mingg/n Interested Person in the estate R lative Relative M inor himself Sec. Of Health RIC CONTAINING THE FOLLOWING: 1. jurisdictional facts; 2. ‘minority or incompetency necessitating guardianship; | 3. names, ages, addresses of relatives, oF persons having them in their care; 4 le value ofthe estate; 5. _ ame of pesos for whom eters of guaranship ae prayed fe TERMINATION OF GUARDIANSHIP co Sy ieee ‘ASSUMPTION OF Ursuiabiity of guaran to acta such DUTIES Death of ward or guardian eer aae ‘Competency of ward, judicially declared ee Incapacity of guardian to discharge trust ‘Appear in actions Failure of guardian to make return w/in 30 days after due Manag: este of mi ay Necouting not rendre win pid stata Care & custody of ward Resignation of guardian ‘Marriage or voluntary emancipation of ward BOND by appointee for: ‘Account for all the estate of Perform all orders of the Court ventory of all the estate recut te dts of is ut