Scribd
Upload
6 views1 page

Settlement of Estate of Deceased Persons

The document outlines the rules for the settlement of the estates of deceased persons in the Philippines, specifying the jurisdiction of the Court of First Instance based on the decedent's residence. It details the process for settling estates in cases of marriage dissolution and the powers of the court to enforce compliance with its orders. Additionally, it establishes a presumption of death for individuals who have been absent for a specified period, allowing for the recovery of their estate if they are later found to be alive.

Uploaded by

Dia Lin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
6 views1 page

Settlement of Estate of Deceased Persons

The document outlines the rules for the settlement of the estates of deceased persons in the Philippines, specifying the jurisdiction of the Court of First Instance based on the decedent's residence. It details the process for settling estates in cases of marriage dissolution and the powers of the court to enforce compliance with its orders. Additionally, it establishes a presumption of death for individuals who have been absent for a specified period, allowing for the recovery of their estate if they are later found to be alive.

Uploaded by

Dia Lin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

SETTLEMENT OF ESTATE OF DECEASED PERSONS

RULE 73
VENUE AND PROCESSES

Sec. 1. Where estate of deceased person settled. - If the decedent is an inhabitant of


the Philippines at the time of his death, whether a citizen or an alien, his will shall be
proved, or letters of administration granted, and his estate settled, in the Court of
First Instance in the province in which he resides at the time of his death, and if he is
an inhabitant of a foreign country, the Court of First Instance of any province in which
he had estate. The court first taking cognizance of the settlement of the estate of a
decedent, shall exercise jurisdiction to the exclusion of all other courts. The
jurisdiction assumed by a court, so far as it depends on the place of residence of the
decedent, or of the location of his estate, shall not be contested in a suit or
proceeding, except in an appeal from that court, in the original case, or when the
want of jurisdiction appears on the record.chanrobles virtua law library
Sec. 2. Where estate settled upon dissolution of marriage. - When the marriage is
dissolved by the death of the husband or wife, the community property shall be
inventoried, administered, and liquidated, and the debts thereof paid, in the testate or
intestate proceedings of the deceased spouse. If both spouses have died, the
conjugal partnership shall be liquidated in the testate or intestate proceedings of
either.

Sec. 3. Process. - In the exercise of probate jurisdiction, Court of First Instance may
issue warrants and processes necessary to compel the attendance of witnesses or to
carry into effect their orders and judgments, and all other powers granted them by
law. If a person does not perform an order of judgment rendered by a court in the
exercise of its probate jurisdiction, it may issue a warrant for the apprehension and
imprisonment of such person until he performs such order or judgment, or is
released.

Sec. 4. Presumption of death. - For purposes of settlement of his estate, a person


shall be presumed dead if absent and unheard from for the periods fixed in the Civil
Code. But if such person proves to be alive, he shall be entitled to the balance of his
estate after payment of all his debts. The balance may be recovered by motion in the
same proceeding.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy