Settlement of Estate (Rule 73 – 90)

SCOPE & FUNCTION OF PROBATE COURT

Venue in Spec
Venue in Ordinary Action
Proceeding PROBATE COURT
depends on the kind of depends on the residence
action: real or personal of the decedent at the time > authorized for the administration, liquidation and
action of his death distribution of the estate of a deceased person.
Rule 4 (Sec 1-2) Rule 73 (Sec 1) Functions:
Real Action Resident of the Phil at the
- actions affecting title to or
time of his death  to settle and liquidate the estates of deceased
possession of real property - estate shall be settled in persons either summarily or through the process of
or interest therein shall be the court in the province in administration
commenced and tried in which he resides at the  has authority to determine the heirs
the court which has
time of his death
 make a just and legal distribution of the estate
jurisdiction over the area
where the property involve Non-resident at the time  approve the sale of properties of a deceased person
is situated of his death by his prospective heirs before final adjudication
- court of any province  recognition of a natural child
Personal Action where is estate is located  status of a woman claiming to be the legal wife of the
- shall be commenced and decedent
tried where the plaintiff  legality of disinheritance of an heir by the testator
resides or where the  pass upon the validity of a waiver of hereditary rights
defendant resides or in
 determination whether a property included in the
case of non-resident
defendant, where he may inventory is the conjugal or exclusive property of the
be found at the election of deceased spouse.
the plaintiff

Intestate Proceeding – instituted when the person died

Jurisdiction in Settlement of Estate
without a will
> depends upon the gross value of the estate
> based from RA 11576 Testate Proceeding – instituted when the person left a will
(notarial or holographic)
RTC gross value exceeds 2 million
MTC does not exceed 2 million
 part of the absolute comprise the
community and is conjugal partnership
shared equally by
husband and wife
JURISDICTION OVER QUESTIONS OF TITLE TO
PROPERTY
Paraphernal Property – property solely owned by either
GR: A probate court cannot adjudicate or determine title to the husband or the wife; not part of the conjugal or
properties claimed to be a part of the estate and equally absolute community property
claimed as belonging to outside parties.
HEIRS V DEVISEE V LEGATEE
XPN: May pass upon the title only for the purpose of
determining whether or not a property should be included Heir - person called to the succession either by will or by
in the inventory but such determination is provisional and operation of law
not conclusive and is subject to final decision in a separate Devisee - one who is called to succeed a real property by
action to resolve title. virtue of a will
Legatee - one who is called to succeed a personal property
EXCEPTIONS TO PROBATE COURT’S LIMITED by virtue of a will
JURISDICTION
- probate court may pass upon the issue of ownership
where the interested parties are the heirs who have all
appeared in the proceeding and rights of 3 rd parties are not
impaired

PROPERTY REGIME UNDER THE FAMILY CODE

ABSOLUTE CONJUGAL SEPARATION OF
COMMUNITY PARTNERSHIP OF PROPERTY
PROPERTY GAINS
all properties owned only those properties each spouse shall
by the spouses acquired during the own, dispose of and
before the marriage marriage through the enjoy his or her
and those that they efforts or industry of exclusive property to
acquire during the either or both the exclusion of the
marriage shall form spouses will other