‘SPECIAL PROCEEDINGS SETTLEMENT OF ESTATE increased by P00 thousend WITH A WILL ADMINISTRATION PROCEEDINGS WITHOUT A WILL EXTRAJUDICIAL SETTLEMENT: OR, PARTITION DEATH 200,000.00 or ess ~ MTC* NATURAL PERSON Ipatural or >P200,000.00-RTC; presumptive} ‘Metro-Manila~ P400,000.00 or less — MeTC >PA00,000.00-RTC 200,000.00 or less ~ MTC. >P200,000.00 RTC; Metro-Mania ~ P400,000.00 or ess — MeTC WITHA WILL ADMINISTTATION > 400,000.00 RTC PROCEEDINGS . q "2008 = MTC jurisdiction Shall be OUTSIDE THE PHILIPPNES ‘VENUE: 7 a WITHOUT A WILL‘SPECIAL PROCEEDINGS SETTLEMENT OF ESTATE OF PERSON [raroman “ABIUDICATION PERSON OFSOLEHEIR | ae th SETTLEMENT OF TSTATE DEATH foal SUMMARY SETTLEMENY OF SMALL VALUE VALUE OF PROPERTY 1. Not more than s 200,000.00 = MTC; MM = 400,000.00; lee (FA 2 mec i> 00 RTC; MM = more than ‘400,000.00 PETITION 3. Where decedent died; ‘Where property is located. t PROCEEMe *2004 = MTC jurisdiction shall be increased by P100 TSCHEAT PROCEEDINGS este (iatesterle (?) Fa Patan MODES OF DECEASED PLRAnINGS S& EVIDENCE REGISTRAR OF LAND TITLES & DEEDS: g ISSUANCE OF NEWTITLE OR OF TITLEae EAE EVINGS EXTRAJUDICIAL SETTLEMENT OF ESTATE 49 Court of Proper NO AGREEMENT PARTITION [Rule 69} Jurisdiction PUBLIC INSTRUMENT PuBuication | DEATH [natural or HEIRS (writen, Duly ntanzed} In a newspaper of geaeral presumptive] Of ancestor = circulation, 3 weeks WHO: a 1. eft NO WILL WH 1 EATING: ATTACHING: 2. left NO DEBTS [or 1. are “all of legal ||} ree Muniments of Title if there are, these AGES, if some of oe Ws properties, id Certificate of | Non-Tax were paid by the them are of minor specific iar a) Delinquency heirs] age aa Tg hamid erie serena Survey / Subdivision Plan 3. left properties, = eat rete Certificate of membership ese imi ercaa Tepresented by value, the possessor, etc. in a cultural communty left heirs. judicial or legal 3. the decedent efi no Certification from DA / guardian / debts, or if there were DAR re: CARP Tepresentative, duly any, these were fully Certification from CENRO authorized for such paid, attaching proof or PENRO, of DENR purpose. thereof, Payment of Estate Tax 2. AGREE to the || 4 the cicumstances of the TBiny death of the decedent, Payment of Transfer Tax extrajudicial attaching proof thereof {local treasurer] settlement NO HEIRS: ESCHEAT proceedings shalt be initiated by State through the Sol. Gen. Court of Proper Jurisdiction [MTC, RTC] ORDER, setting case for hearing PUBLICATION Of Order, 6 weeks HEARING [not more than 6 ‘months from date of Order] JUDGMENT {grant of escheat, adjudicating Properties to proper political subdivisions o the State] REGISTRATION Wi the Registrar of land ties & deeds ISSUANCE OF new muniments of titleSpecial PROCEEDINGS SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE HEIRS or ANY INTERESTED PERSON FILE PETITION with the MIC; stating the following: the proper personality to file the petition [interest ‘on the property, proof of interest, ete.] gross value of property [which should be not less than P10,000.00], its identity or specific description; its location the muniments of title thereto; ISSUANCE OF ORDER setting the case for hearing oe PUBLICATION of the Order in a newspaper of general circulation, for 3 consecutive weeks. ——_—_ parties SUMMARY PROCEEDINGS [filing of REPLY to opposition, other claims, memoranda] Presentation of documentary / testimonial evidence upon the discretion of the Court e b. Directing Petition to pay all ©. Adjudicating the property to ISSUANCE OF ORDER a. Granting the Petition; debts which are due; proper party; 4. Petitioner to pay the costs; ‘The same to be recorded with the Registry of Deeds. APPEAL [following the rules on appeal} HEARING Wie should not be less than 1 ‘month nor more than 3 months from the last publication NOTICE which is the Order] to be served on known interestedA ‘SPECIAL PROCEEDINGS SETTLEMENT OF ESTATE — ADMINISTRATION PROCEEDINGS TESTATOR’S DEATH. } PETITION For Probate of Wilin the Court ‘of Proper Jurisicion, stating: a. the rsciciona facts; b, names, ages, residence ‘thir, legates, devises; ISSUANCE OF NEW TITLES, ETC, OF OWNERSHIP Probate J SPECIAL ISSUANCE of DISALLOWED ADMINISTRATO ORDER setting R date, time & WHEN place for the probate ‘ORDER Lthere is delay in —~ grant of letters aeiame we J testamentary of (Extrinsic Vaidty] PROBATE U administration by PUBLICATION sees ae D Oe ate ral 2 howrial 2there is an ‘Of the Order for 3 5 holographic i G from the allowance hascatectharptedee 4, n0 opposition or disallowance of vopegeret || pemc w M || Sn evidence, et: Seine E || 3.the executor or [intrinsic validity] 7 N administrator is a 1, testamentary Par claimant against the OPPOSITION NO i mid dat peat oe ‘OPPOSITION wad ae a: ISSUANCE OF ee ‘ (1) letters testamentary 10 7 ISTRAR ISTRIBUTI named in the wil, or next of CAND TETLES & (Of the Estate in accordance with Lin, or any other person upon the re, Ot the will afer sound dacretion ofthe Cour, DEEDS, ETC. 1. approval of decree of the named executors disqualified |" ‘OF Notice parton: and, crifno one isnamed therein. |For (@) by executor 2. payment of all ses @) Notee to all persons with ()_ in newspaper of general money claims agains the esate. |. reulation == | C_desgtated pbc paces PAYMENT OF DEBTS } OF THE ESTATE ACCOUNTING, COLLATION I [ MONEY CLADIS lene ‘of properties of the estate 12.mos, from 1* date of sae Uitte, publicationALLOWANCE / DISALLOWANCE OF WILL ! FILE PETITION FOR CONTENTS 1 ‘PROBATE 1. Jurisdictional Facts: 1 | COURTOF PROPER ay death’ property! will JURISDICTION D evisee named in the will: 2. Names, ages, residences of 1 LIssues Order giving notice Iegatees, devisees, heirs Probable value & 1 character ofthe properties 4 Name ofppersonfor whom 40 all concerned stating the date, time and place when the allowance shall be heard 2. Cause publication of said r 1 I I E xecutor, if one is named: I Legatee, if one is named; I ! ! ' ' 3 Tesiator, fwhile still alive] ‘Anny other person interested in the estate [who would be letters are prayed for [| Onder for 3 consecutive Denefted by. the estate ‘Name of person in weeks im a newspaper of ie ai possession or custody of will, | | general circulation except ‘Fnot delivered to the court ‘When testator files probate} 3. Send copies of Order to ail heirs, legalees, devisees, executor, inierested person who filed petition eee ee ee ISSUE REGISTRATION w/ CERTIFICATE Register of Deeds, only oF when real propery is BEARING ALLOWANCE Aavicad On the Intrinsic Validity DISALLOWED PI ‘May file appeal under wiin30 days Rule 109, «nd if period has expired. Petition for Review under Rule 38 w/in 60 days but not more than 6 months. JUDGMENT Ja ORDER distributing the Properties of estate in accordance with the will BETITIONER ‘May file appeal under Rule 109 HEARING 1. Proof of notice, publication mailing 2 Presentation of evidence documentary; testimonial 3. Presentation of Opposition 0 the allowance a Testator alive Will executed not in ‘accordance with law At the making of wil, Testator was noi of sound ‘mind; under duress, menace, due influence; victim of frend HzmzoodeSPECIAL PROCEEDINGS 11 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] SG ORDER Stating time and place of hearing, copy furnished to all interested parties <1 HEARING EVIDENCE NECESSARY: ‘the due execution of the will in accordance with the foreign Jaws; . the testator has his domicile in the foreign country and not in the Philippines; the will has been admitied 10 Probate in such country: tthe fact that the foreign tribunal is a probate court; the laws of the foreign country on procedure & allowance of APPOINTMENT OF: ANCILLARY ADMINISTRATOR one who shall administer the properties in the Philippines, if no 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 inthe Philippines} CERTIFICATE OF ALLOWANCE With will attached, filed & recorded with the Clerk of Court i APPEAL118 SPECIAL PROCEEDINGS Rule 78: LETTERS TESTAMENTARY; Rule 79: OPPOSITION TO LETTERS TESTAMENTARY Rule 80: SPECIAL ADMINISTRATOR: ‘THE WILL IS ALLOWED. But 1. there is no named executor named executor isnot qualified: refused to accept; ‘can not give bond; is incapacitated vc) Rule 80 ‘COURT may appoint SPECIAL ADMINISTRATOR WHEN there is delay inthe grant of petition there is an appeal in the allowance ‘or disallowance of petition; exccutor/administrator is a claimant ‘gains the estate, ‘There is any other cause arising from the probate of the will Boe i WHO MAY BE NAMEL "1. Surviving Spouse; 2 Next of kin; 3. Anyone selected by the above 4, Any interested person eg. Principal creditor 5. any other person whom the court ray select, if none of the above are qualified. Rule 78 FILE PETITION ‘Qualificarions: [RAN] 1. Resident of the Phil. 2 Age of majority 3. Not Unfit execute trust Rule 79 OPPOSITION By any interested person on the following grounds: 1. incompetence of proposed administrator, 2. oppositor has better right another better person is proposed. u Q ‘Alter nventory, Accounting and CColation, ADMINISTRATOR may row. (e)Pay the Debis of the Estate Rule 88) and {(b)Proceed to distribution and partion ofthe estate {Rule 90) ADMINISTRATOR may now (a) Mae invertory & apres for fay suport Rule 83) And (®)erecse poners and Rule 82 Letters may be REVOKED due to ‘Nasp)AlA ‘nd LAFPAD utes Rue 84) TESTAMENTARY ISSUANCE OF LETTERS Rule 81 Biling of BOND | < Hi [Letters DECISION PUBLICATION OF ORDER ‘ORDER setn EE ce |] semamneedsine FZ, BEARING ‘of hearing, furnishing newspaper of general copies thereof to the cireulation) known interested persons. aera & PETITION GRANTED issued to one proven to be competent, qualified, willing & able to post bond ané who accepts} Administration is ordered PETITION DENIED a APPEAL, >| By aggrieved pany144 RULE 82; REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION AND REMOVAL OF EXECUTORS AND ADMINISTRATORS DEATH of Administrator INTESTATE PROCEEDING LETTERS OF ADMINISTRATION ISSUED TESTATOR'S WILL = > DISCOVERED WHEN ADMINISTRATOR OR EXECUTOR ‘SPECIAL PROCEEDINGS WILL PROBATED and ALLOWED remaining administrator/exeeutor shalt ‘continue administration, UNLESS the ‘court shall appoint shall appoint another suitable person LETTERS OF ADMINISTRATION IS REVOKED 1. all powers of administration shall cease: 2. the administrator shall surrender his letters to the court 3. the administrator shall render his accownt within such time as the court directs; 4. proceedings for the issuance of letters testamentary or of ‘administration under he will shall be had. REMOVED or PERMITTED ‘TO RESIGN And proceedings for the issuance of new letters N(a@sp)AIA [Neglect 1o render his account ‘Nepleets to sete the estate ‘according to law [Neglects to perform an order or judgment ofthe court Ithe Absconds ‘fhe becomes Insane Ihe becomes, in Anyway incapable or wesitable for the discharge of the rust LAFPAD, Lack of harmony or conflict of interest with persons interest in the estate Active hostility 10 a creditor: to get False representations ‘appointment; Physical Incapacity: Adverse interest inthe estate: Delays in winding or settlement of the estate testamentary or of ‘administration shall be had if there are no more ‘administrators/executors 10 ‘continue the trust having 1 TAKE NOTE: Mere discovery of a will does not automatically revoke an issued letters of administration, as this must first be probated and allowed; Lawful acts, done in good faith in the course of the administration, shall remain valid and binding; If the acts of the administrator or executor were unlawful prior to his removal or resignation, these shall remain invalid after his removal or resignation; A removed administrator who continues to act as such is an administrator de facto, until he delivers the estate to the new administrator, and is still subject to the orders of the court.182 SPECIAL PROCEEDINGS RULE 86: CLAIMS AGAINST THE ESTATE PETITION GRANTED ISSUANCE OF NOTICE RULE 73 [Letters Administration is ordered LETTERS To all persons who have STE eEn fssued to one proven to be ‘TRSTAMENTARY money claims against the PUBLICATION & Pir o rpc qelnea! cilne e decedent filet soe in POSTING OF Qualifications: [RAN] able to post bond and who aceeps said court under SANE NOTICE 1. Resident ofthe Phil. i nt QAI which smo es than 6 ‘mos. but not mre than 12 2. Age of majority; 3. Not Unfit to execute trust ‘mos, from date of!” ‘Publication Executor shall ile hs mung Te” wonew panei Sd came | Ns shall order u fom. recep. finishing A “Administrator 0 CLAIMS against the CLERK OF COURT by vouchers, ‘copy to clamants csiie pay in due course fis, demand eters, cony of which which 1 Denies, in whole decedent, sole or in solidum, 1 sediig i peultetomaras is furnished to Administrator express or implied; duc, not (or in part; due or contingent} 2 Of sets: 2. for funeral expenses: 3. Has no knowledge 3. “expences for the last sickness thereof. of decedent, — 4. judgment for money. f _, et SST Er Appeal