Initiatory pleading UNCONTESTED

1. Petition for allowance of will and for Notarial Will

letters testamentary – if there is an executor = 1 subscribing witness
appointed in the will (Deposition is applcicable)

2. Petition for allowance of will and for letters Holographic will

of administration with the will annexed – If = 1 witness who knows the handwriting and
there is no executor appointed in the will or is signature of the testator
incompetent or refuses to serve as such =Or Expert witness

3. Petition for letters of administration – CONTESTED

intestate
Notarial Will
Extrajudicial – No will/No debt/ All of age =All Subscribing witness and the notary Public
The parties may, Without securing letters of (Deposition applicable)
administration, divide the estate among
themselves as they see fit by means of a public Holographic will
instrument filed in the Register of Deeds =at least 3 witness who knows the handwriting
and signature of the testator
Or Partition =Or Expert witness

One heir – adjudicate to himself the entire estate

by means of affidavit filed in the register of
deeds.

It shall be presumed that the decedent left no

debts if no creditor files a petititon for letters f
administration within two years after the death
of the decedent

No extrajudicial settlement shall be binding

upon any p[erson who has not participate therein

Who may file a petition for allowance of a wall?

LIED T
Executor/Devisee or Legatee
Other Interested person
Testator himself/ante mortem probate(No
newspaper publication required)

Contents of petition – No defect in the petition

shall render void