Settlement If Estate Stages Intestate

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(1) the death of the testator;

(2) residence at the time of death in the province


where the probate court is located; and

must include (3) if the decedent was a non-resident, the fact of


being a resident of a foreign country and that the
decedent has left an estate in the province where
the Court is sitting.
I. PETITION (a)Jurisdictional Facts

(b) name, ages, and residences of heirs including the names and
residences of the creditors of the decedent
(c) The probable value and character of the
Testate property of the estate
Contents: (Rule 79, Sec. 2) (d) The name of the person from whom letters of administration is
played

Intestate

File the petition for the


issuance of letters of
administration.

There must be a published notice for three


consecutive weeks. (Rule 76, Sec 3)

Publication
A notice by mail or personally to the
Set a Petition for Hearing known heirs, legatees, devisees,
executor. (Rule 76, Sec 4)

Simultaneous filing of opposition and petition Notice by mail or Personal


Who may oppose? Notice to known heirs, creditors, other
interested persons. (Rule 79, Sec .3 )

An interested person opposing the petition for A person interested in a will


administration may pray in his opposition that • Interested person- one who would be benefit by the estate, such as
letters be issued to himself, or to any competent an heir or one who has a claim against the estate, such as a creditor.
person/s named it (Rule 79, sec. ) (Rule 79, Sec 1)

Form Required Grounds for opposition must be stated in writing; Courts shall then hear and
pass upon sufficiency of such grounds. (Rule 79, Sec 4.)

a. Incompetency of the person/s for whom letters


Grounds are prayed, or
b. Contestant’s own right to the administration
(Rule 79, Sec 4)

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