Notarized deed of extrajudicial settlement of estate

Estate tax should be paid before the filing of extrajudicial settlement of estate – BIR Form

Affidavit of Publication

Publication of notice of the fact of extrajudicial settlement once a week for 3 consecutive
weeks in a newspaper of general circulation in the province, and after such other notice to
interested persons as the court may direct

Contents

- Sd
- Sd

Legal representative of minor v Guardian ad litem

Bond requirement, to ensure that ___

What else secures ……apart from the bond, is a Lien on the real property

- How long is the lien? 2 years from

Statutory lien

Basis that said annotation can be removed? Or how lift the statutory lien?

- Atty Gabriel Dela Pena

Is the annotation on the 2-year,,, considered a statutory lien?

How is this different from Statute of Non-Claims?

Statute of Non-claims
Important roles of Executors, Administrator, ….

Only power of administration, not of dominion (or ownership)

With a will-annexed. Kasi bcoz of 3 reasons above.
Record on appeal

- Applies in SpecPro
o So, mag continue ang _ kahit naka pending ang record on appeal

All admin and executor are REQUIRED to put up a BOND

Improvidence – 1 day millionaire

Want of understanding –

Want of integrity – of character. Lost his soleness?

1. A delay prejudicial to the estate

2.
4) becomes incapable or unsuitable to discharge the trust
GUARDIANSHIP
5) THE WARD/GUARDIAN DIED
Trustee v Executor
Can there be both trustee and an executor in one? Jurisprudence . assignment ni reporter
If ur bank representative, what docu must u have to have claim against estate?

- Proof of loan or liability

par2 nung sec1 r90 –

- Kung pde makuha na share kahit di pa settled basta magpost lang ng bond
per stirpes in Latin means "by branch," meaning, in this case, that a portion of the will must go
to a person or that person's heirs. Per capita means that any surviving descendants of the same
generation distribute property equally.

WHEN Per Stirpers applicable in claims against estate?

No sufficient assets to pay off the debts

Article 1059. If the assets of the estate of a decedent which can be applied to the payment of debts
are not sufficient for that purpose, the provisions of articles 2239 to 2251 on Preference of Credits
shall be observed, provided that the expenses referred to in article 2244, No. 8, shall be those
involved in the administration of the decedent's estate. 

Article 2239. If there is property, other than that mentioned in the preceding article, owned by two or
more persons, one of whom is the insolvent debtor, his undivided share or interest therein shall be
among the assets to be taken possession of by the assignee for the payment of the insolvent
debtor's obligations.

Article 2240. Property held by the insolvent debtor as a trustee of an express or implied trust, shall
be excluded from the insolvency proceedings

Expeditious settlement of estate is important

Debts survive death.

- But doesn’t mean to all. Only up to the extent of inheritance

Must be done with dispatch

https://ndvlaw.com/extrajudicial-settlement-of-estate-in-the-philippines/
ESCHEATS.

Onting discussion lang.

For Habeas Corpus. Check record

Guardian…

Exam

- Summary

Testate

Statutory lien

Statute of Non Claims

Peremptory writs

- WHC v Amparo and Habeas Data

- Not masyado sa Environment.

Next meeting:

W HC including, including peremptory writs. Pati cases in Mem Aid.