death

SETTLEMENT OF ESTATE

probate of will
petition for letters
testamentary/administration
inventory of estate
inventory of claims

order of distribution

delivery of possession
payment of obligations
order of closure
final accounting
recording
declaration of heirs

JURISDICTION
Conferred by law, BP 129
Based on value of estate
RTC if over 400,000 in MM or

over 300,000 outside MM

VENUE
If resident of the Philippines at

time of death, province of

residence at time of death
If non-resident, province

where property is

Modes of transmission:
1. testamentary
2. legal or intestate*
3. mixed

* No will, no debts, all

heirs are of age and/or
legally represented:
1. extra-judicial public
instrument, register with
RD
2. R69 Action of Partition
3. Affidavit of Adjudication
for Sole Heir

TESTAMENTARY
Always judicial, mandatory probate of

will (allowance of will)

Trigger: Delivery of will to court within

20 days of knowledge of death

Issues: ONLY EXTRINSIC VALIDITY of

will due execution and

authentication
Exception: for practical
considerations on its face

WHO MAY PETITION FOR

ALLOWANCE OF WILL?

executor
- devisee
- legatee
-person interested (on its face)
- testator during lifetime
-

HEARING REQUIRED
NOTICE REQT:
publication of date of hearing 3
consecutive weeks, once a week,
newspaper of gen circulation in
PROVINCE
notice to all named in the will
mailed 20 days before the hearing
or personally delivered 10 days
before the hearing

PROOF REQUIRED
NON-CONTESTED WILLS:
1 subscribing witness for notarial wills
1 witness who knows handwriting of
testator OR expert witness if none
CONTESTED WILLS:
ALL subscribing witnesses for notarial
wills
3 witnesses who knows handwriting of
testator OR expert witness
[* for lost wills]

GROUNDS FOR
DISALLOWANCE exclusive
formalities of law requisites
incapacity insane, mentally
incapable etc
vitiated consent under duress,
undue influence etc

WHAT HAPPENS AFTER A WILL IS

ADMITTED INTO PROBATE?
If testator dead proceed to
settlement petition for letters
testamentary
If filed during lifetime of testator
court loses jurisdiction,
proceedings terminated,
settlement of estate is filed

PETITION FOR LETTERS

TESTAMENTARY*/
ADMINISTRATION**
*executor is named in
the will
** no executor named or
no will (intestate)

WHO ARE INCOMPETENT TO

SERVE AS
EXECUTORS/ADMINISTRATOR
S?
- minors
- non-residents
- unfit jurisprudence
(drunkenness, improvidence,
lack of integrity..)

if no executor or executor named

is incompetent, order of
preference is mandatory:
1. surviving spouse
2. next of kin (poised to inherit)
3. or both
4. principal creditors
5. person court selects

SPECIAL ADMINISTRATOR
1. officer of the court
2. where there is delay in
appointment of regular
administrator
3. interlocutory

WHAT HAPPENS IF LETTERS OF

ADMINSTRATION HAVE BEEN ISSUED AND
A WILL IS SUBSEQUENTLY DISCOVERED?
1. Petition for allowance of will
2. if will allowed, intestate proceedings
converted to testate
3. letters of administration revoked
4. petition for issuance of letters
testamentary/administration
* if will not allowed, intestate proceedings
continue

INVENTORY OF ESTATE:
1. within 3 months of estate
2. all real and personal property
within his knowledge
3. may institute recovery proceedings
but should include it in inventory
provisionally

CHARGEABLE TO VALUE OF ESTATE:

- value of estate at inventory
- profits or just losses if sale is made
- uncollected debts
- necessary expenses for
preservation and productivity of
estate
- costs awarded

CHARGEABLE TO EXEC/ADMINS
BOND:
- use of part of the estate
- delays, fault of exec/admin
- bond premiums
- losses from mismanagement or
fault
- salaries to others (not required)

INVENTORY OF CLAIMS
NOTICE:
ORDER addressed to all named
published (3/1) in newspaper of
gen. circ. in province + posting in
public places (4 in province, 2 in
mun. of last residence) JURISDICTIONAL

INVENTORY OF CLAIMS
NOTICE:
with whom: Clerk of Court
period: not less than 6 mos or
more than 12 mos from FIRST
publication (STATUTE OF NON
CLAIM)

INVENTORY OF CLAIMS
(STATUTE OF NON CLAIM)
barred if not filed:
1. contractual money claims
2. funeral expenses and expenses
from last sickness
3. money judgments (final but not
executed)

INVENTORY OF CLAIMS
(STATUTE OF NON CLAIM)
exemptions:
those arising from other sources
of obligation

secured claims? Options:

1. abandon security and file claim
with estate
2. judicially foreclose then file
deficiency with estate
3. extra-judicially foreclose and
waive deficiency (diff where
mortgagor alive?)
(mutually exclusive? can change

INVENTORY OF CLAIMS
what claims should be brought as
an action against the exec/admin
(not as a money claim in the
settlement proceedings)?
1. actions to recover property
2. actions to enforce lien
3. actions that survive death to
recover damages (tort/delict)

INVENTORY OF CLAIMS
does the commencement of
settlement proceedings toll
prescriptive periods of causes of
action?
No, must file, especially if period
for claim not yet set

PAYMENT OF OBLIGATIONS
1. charge to personal items
cash, sale
2. collation
3. charge to real property with
court approval (hearing, specific
purpose only)
4. collation

DECLARATION OF HEIRS
- who inherits finally, exclusion,
inclusion, inventory of heirs
- in same proceeding, may move
for distribution

ORDER OF DISTRIBUTION
- Project of Partition not
mandatory
- admin/exec may recommend
-reconcile with initial partial
distribution
- determine/ensure 2-yr
liens

DELIVERY OF POSSESSION
- Project of Partition not
mandatory
- admin/exec may recommend

is a decree/order of distribution a
final judgment? remedies
-appeal
-reopen case
-action for annulment of partition
-action for partition
-settlement of estate

ESCHEAT
reqt: no will, no heirs
petitioner: Sol Gen
venue: RTC of last residence or
where property is if non-resident
notice: publication 6/1 + personal
notice to all actual possessories
or occupants and adjacent lot
owners

ESCHEAT
disposition of property:
personal mun/city of last
residence* if resident, where
located if non resident
real mun/city where located
* unclaimed deposits to Treasury

GUARDIANSHIP
Rule 92-97 applicable to
incompetents who are not minors
AM 03-02-05-SC applicable to
minors

GUARDIANSHIP
-determine age first to determine
what rule applies
-age also deermines
jurisdiction/venue (RTC or FC)
-for non residents, guardianship is
only over property located in the
Phils

GUARDIANSHIP
HOSPITALIZATION OF INSANE
PERSONS
-Secretary of Health must file for
guardianship first in order to
hospitalize an insane person who
has no guardian

HOSPITALIZATION OF INSANE
PERSONS
reqt: for public welfare or welfare
of such person, persons having
charge of insane person refuses
to commit
petitioner: Secretary of Health
venue: RTC were insane person
found

AS ABSENT
purpose: to manage property
while absent, perform other
necessary obligations
petitioner: spouse, heirs
interested in will, relatives if no
will, those with some inchoate
right
venue: RTC of last residence (not
domicile)

PETITION TO DECLARE PERSON

AS ABSENT
notice: on known heirs, interested
persons + publication 3/1
finality of Order: 6 months after
publication of Order

PETITION TO DECLARE PERSON

AS ABSENT
v.: petition for letters of
administration
v.: petition for declaration of
presumptive death for purpose of
opening up succession
v.: petition for declaration of
presumptive death for purpose of
remarriage

ADOPTION
RA 8552 Domestic Adoption Act
RA 8043 Inter Country Adoption
Act
AM 02-6-02-SC - Rules
RA 9523 Declaration of a Child
as Legally Available for Adoption

DOMESTIC ADOPTION
CHILD below 18 at time of filing,
legally available under RA 9523
(adult: if biological child, one
considered as child since
minority)

ADOPTERS:
-Qualifications (legal age, civil
capacity)
--at least 16 yrs older than
adoptee (unless biological parent)
-If alien: country has diplomatic
relations with Phils / 3-yr
residence prior to adoption /
certification that allowed to adopt
under countrys laws and child is

ADOPTERS:
-For aliens: waived residency reqt
if:
-Former Fil adopting a relative to
4th degree
-Alien adopting legitimate child of
Fil spouse
-Alien jointly adopting with Fil
spouse a relative of Fil spouse to

can an unmarried person adopt?

-Yes
-Married people have to jointly
adopt except:
-One spouse adopts legit child of
spouse
-One spouse adopts his/her own
illegit spouse, with consent of
other spouse

DOMESTIC ADOPTION
required proceedings included in
petition:
-Change of name
-Rectification of simulated birth

DOMESTIC ADOPTION
notice: publication 3/1 (if with
change of name, published at
least 4 mos before hearing),
notice to all named in petition,
notice to Sol Gen
Jurisdiction/venue: FC/RTC of
residence of adopters

RESCISSION:
-only by ADOPTEE, adopter may
only disinherit
grounds: repeated physical abuse,
attempt on life, sexual assault,
abandonment
prescription: within 5 yrs of age of
majority or recovery from

INTER-COUNTRY ADOPTION
adopters: aliens, or non resident
Filipinos, at least 27 yrs old and 16
yrs older than adoptee
child: below 15 at commencement of
proceedings
Where to file: an application with the
intermediate agency in home country
who files it with the inter country
adoption board in the Phils.

INTER-COUNTRY ADOPTION
Where to file: may be filed with
RTC/FC where child is found, but
RTC/FC only evaluates documents
then submits it to the inter country
adoption board

INTER-COUNTRY ADOPTION
EFFECTS:
-legitimacy?
-parental authority?
-citizenship?
-residency?
-succession?

CANCELLATION OR CORRECTION OF
ENTRIES IN CIVIL REGISTRY
RULE 108 (JUDICIAL)
RA 9048 clerical or typos, change of
first name or nickname (ADMIN)
RA 10172 clerical or typos, sex, first
name, day and month of birthday
(ADMIN)

CANCELLATION OR CORRECTION OF
ENTRIES IN CIVIL REGISTRY
Clerical or typo errors: Evident
mistake, harmless and innocuous,
mis-spelled, visible to eyes, obvious
to understanding
Notice: publication 3/1
Jurisprudence: Cagandahan v. Silverio
cases

RULE 103: CHANGE OF NAME

v. RA 9048 change of name: 9048 first
name only.
Grounds: ridiculous, tainted with dishonor,
difficult to pronounce or write, new
name is habitually and continuously used
and publicly known, to avoid confusion
RULE 103: complete name (first and last
names)
-no grounds cited in Rule but grounds are
found in jurisprudence, and reproduced in
RA 9048

RULE 103: CHANGE OF NAME

notice: mandatory to OSG, publication 3/1
of hearing Order
-hearing should not be within 30 days of
an election (even if incident to an adoption
or other proceeding where change of
name is included)