SETTLEMENT OF ESTATE

STAGES

I.
PETITION
Testate Intestate
Filing of petition for allowance of will – by Filing of petition for issuance of letters of
executor, devisee, legatee, other interested administration – person (Rule 79 Sec. 2)
person (Rule 76 Secs. 1&2)

Order setting petition for hearing

Notice of hearing

1. Publication of notice for 3 consecutive weeks (Rule 76, Sec. 3)

2. Notice by mail or personally to designated or known heirs, legatees, devisees,
executor (Rule 76, Sec. 4);

Notice to known heirs, creditors, other interested persons (rule 79 Sec. 3)

II.
HEARING
Proof of Notice of hearing
(Rule 76, Sec. 5)
(Rule 79, Sec. 5)

Evidence for Petitioner

1. Death of Decedent
2. Residence at time of death

Testimony/ies of subscribing witness/es Decedent left no will or there is no

(Rule 76 Secs. 5 and 11) competent and willing executor (Rule 79,
Sec. 5)

Proof when testator is petitioner (Rule 76, Petitioner is qualified for appointment
Sec. 12) (Rule 78, Secs. 1 and 6)

Evidence for Oppositor

File grounds for contest

(Rule 76, Sec. 10)
 III.
COURT ORDER
Order or decision allowing will or admitting it to probate

Certificate of allowance attached to prove will (Rule 76, Sec. 13

Order for issuance of letters testamentary(Rule 78, Sec. 4)

Order for issuance of letters of administration (Rule 79, Sec. 5)

Issuance of letters by clerk of court

Oath of executor or administrator

Filing of executor or administrator's bond (Rule 81 Sec. 1)

Filing of inventory within 3 mos. (Rule 81 Sec. 1a)

Accounting within 1 year (Rule 81 Sec. 1C; Rule 85 Sec. 8)

Actions by or against executor or administrator (Rule 87)

IV.
CLAIMS AGAINST ESTATE
Notice of filing of claims- time for filing not more that 12 mos. nor less than 6 mos. from
first publication (Rule 86 Secs. 1&2)

Publication of notice for 3 consecutive weeks and posting (Rule 86, Secs. 3&4)

Filing of claim and answer thereto (Rule 86, Secs. 9&10)

Trial of contested claim (Rule 86, Secs. 12)

Judgment approving or disapproving claim (Rule 86, Secs. 13)

V.
PAYMENT OF DEBTS OF ESTATE
Debts paid in full if estate sufficient (Rule 88, Secs. 1)

Order of payment if estate is insolvent (Rule 88, Secs. 7)

Order for payment of debts (Rule 88, Secs. 11)

Time for payment not to exceed 1 year, extendible for 1 more year (Rule 88, Secs. 15)
Sales, mortgages and other encumbrances of property of decedent for paying debts, etc.
(Rule 89)
 VI.
DISTRIBUTION AND PARTITION OF ESTATE

Rule 90
Approval of final accounting and project of partition

Actual distribution or delivery to heirs of their respective shares

VII.
CLOSING
Order declaring proceedings closed and terminated