Special Proceedings Flashcards
(14 cards)
Which court has jurisdiction over settlement of estate proceedings?
The court’s jurisdiction over estate proceedings is determined from the gross value of the estate, thus:
- If the gross value of the estate does not exceed to Php 2, 000,000.00- First Level Courts;
- If the gross value of the estate exceeds Php 2,000,000.00- Regional Trial Courts
Where is the venue for settlement of estate proceedings?
The venue for the estate proceedings is as follows:
- RTC/First level Court where the decedent resides at the time of his death- If the decedent is an inhabitant in the Philippines
- RTC/First level Court where the decedent had any estate- If the decedent is not an inhabitant of the Philippines
What does “residence” mean is special proceedings?
Residence in the context of venue provisions in ordinary civil actions and special proceedings refers to a person’s actual residence or place of abode, provided he/she resides therein with continuity and consistency.
What is the exclusionary rule in settlement proceedings?
The court first taking cognizance and jurisdiction over the settlement of the estate of a deceased person shall continue to exercise jurisdiction over the same to the exclusion of other courts.
What is the procedure in the settlement of estate proceedings?
The procedure in the settlement of estate proceedings briefly summarized as follows:
- Filing of Petition
- Probate Court sets the Petition for Hearing
- Hearing on the Petition- Initial hearing for the establishment of jurisdictional requisites
- Trial
- Court Renders an Order
- Filing of Claims against the Estate
- Payment of Debts of Estate
- Distribution and Partition of the Estate
- Closing
What are the requisites of extrajudicial settlement of estate?
The requisites of extrajudicial settlement of estate are:
- Decedent died intestate
- There are no outstanding debts at the time of settlement
- Heirs are all of legal age or minors are represented by judicial guardians or legal representatives
- Publication of the extrajudicial settlement in a newspaper of general circulation in the province once a week for 3 consecutive weeks
- In case of a personal property, filing of a bond equivalent to the value of personal property posted with the Registry of Deeds
What are the requisites of the summary settlement of estates in small value?
Substantive:
1. The complaint must allege that the gross value of the estate of the deceased person does not exceed Php 10,000.
Procedural:
1. Petition of an interested person must contain allegation of gross value of estate.
2. Date of hearing:
a. Shall be set by court not less than 1 month nor more than 3 months from date of last publication of notice; and
b. Order of hearing published, once a week for 3 consecutive weeks in a newspaper of general circulation.
3. Notice shall be served upon such interested persons as the court may direct; and
4. Bond in an amount fixed by the court (not value of personal property) conditioned upon payment of just claims (ROC Rule 74, Sec 2)
What is the procedure for Judicial Settlement of Estate?
INA-LC-PDC
1. Filing of Initiatory Pleading - Petition for Allowance of Will or Petition for Letters Testamentary
2. Notice of Hearing - The Court shall issue a notice of hearing. Publication once a week for 3 weeks and personal notice to known heirs, legatees, devisees and executor.
3. Allowance/Disallowance of Will (Probate Proper)
4. Issuance of Letters Testamentary/ of Administration
5. Filing and approval of Claims against Estate
6. Payment of Debts and Expenses
7. Determination of Heirs and Distribution
8. Closure
What is the period for claim of minor or incapacitated person? and 2 year lien exception?
If on the date of the expiration of the two(2) year period, the creditor or heir is
1. a Minor
2. Mentally Incapacitated
3. In prison
4. Outside the Philippines
he may present his claim within 1 year after such disability is removed.
What is the rule of probate court regarding its jurisdiction over questions of title to property?
GR: A probate court cannot determine the issue of ownership.
XPN:
1. Ownership may be provisionally determined for the purpose of including property in Inventory
2. When all the heirs who take part in the distribution of the decedent’s estate are before the court
3. Question is one of collation or advancement
4. The parties consent to the assumption of jurisdiction by the probate court and the rights of third parties are not impaired.
What is the rule regarding publication in the special proceedings?
Publication does not serve as constructive notice to heirs who were not aware and unable to participate in the settlement of estate because the same was notice after the fact of execution. The requirement of publication geared for the protection of creditors and was never intended to deprive heirs their lawful participation.
What are the contents of Petition?
JUN-VLC
1. Jurisdictional Facts
a. Death of the testator
b. His residence at the time of death or the province where the estate was left by the decedent who is a non-resident
c. The Fact that the will has been delivered to the court
- The Names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent
- The probable Value and Character of the property of the estate
- The name of the person for whom Letters are prayed
- The name of the person having Custody of the will if it has not been delivered to the court
What are the grounds for the disallowance of a will?
A Will may not be allowed in the following instances:
a. if the will was not executed and attested as required by law
b. if the testator was insane, or otherwise mentally incapable to make a will at the time of its execution;
c. if the will was executed under duress, influence of fear or threats
d. if the will was procured by undue and improper pressure and influence on the part of the beneficiary, or of some person for his or her benefit; and
e. if the signature of the testator was procured by fraud or trick, and that the testator did not intend that the instrument should be his or her will at the time of fixing his or her signature.
