Kelan mag ka order for distribution of

residue?

That bond will be made to answer for

obligations within such time as the
court directs

Pag bayad na lahat ng

IDEAF
Inheritance tax
Debts

So, walang basis na magstay si Nelia

dun
Pag stay nya, di makatulong na
mabayaran ung utang ng decedent

Expenses for administration

Allowance for widow
Funeral expenses

Rule:

Hindi magdistribute ng estate prior to

payment of all charges of the estate

ER:

if there is sufficient residual assets

Very important, ang administrator, di

nya pede ideliver ang property sa heir
pag walang order ni court

Also, before such properties of the

estate may be distributed, all charges
to the estate must be paid first

If sufficient bond was filed

The only exception is when it is allowed
by court upon showing that there is
sufficient residual assets and that there
was a sufficient bond that was filed
Ricardo Silverio vs CA
What happens in liquidation
Facts
An administrator of the estate of the
deceased allowed one of the heirs to
occupy one of the properties of the
deceased and use it as residence

RTC ordered that various properties of

the decedent be sold including the
subject property

Idetermine jan lahat ng assets ng

estate, jan din bayaran lahat ng debts
and expenses

Powers of the probate court

1.
2.
3.
4.

A question was asked whether or not

the administrator was right in allowing
that heir to be in possession of that
property

Declare who are the heirs

Distribute the estate
Determine the proportion each
distributee is entitled to
Hear and determine advanced
inheritance

Advanced inheritance
pag may questions ng advanced
inheritance

Ruling
Answer is no.

Idenerecho sa probate court

Because that can be done only through

an order of the court

As far as the person raising the

question and heirs

According to the rules, distribution of

the estate shall not be allowed until the
obligations or charges to the estate
had been paid.

That decision of the probate court is

final and binding as to them

The only exception is when the heir

files sufficient bond to be fixed by court

Corazn Gregorio vs Madarang

A person died leaving properties

One of his son receive from him by way

of donation six parcels of land

Wag antaying maging final, kasi

maging binding yan

The son argued those lands cannot be

included in the estate as they were
given to him during the lifetime of his
parents

Judgment in rem ito

Question is, can the probate court hear

and determine issue of this nature?

Pag nagging final na itong decree of

distribution, di na pedeng questionin
nung project of partition

Unless no jurisdiction, final and binding

na ito if not timely appealed

Answer is, yes.

For purposes of collation, the probate
court is allowed to hear and determine
which property should be included in
inventory of the properties of the
decedent
The decision in this matter, if arrived
at, is final and binding upon the person
who questions it and the heirs

Kanino ibayad yung expenses for

partition?
Kay executor or administrator, subject
to rule on equity and consistent with
the intention of the testator

Ano effect ng final decree of distribution?

Magkaron sila ng title to the land or
estate distributed to them
Pag may error sa decision, pede mag
appeal

Kelan mawalan si probate court ng jurisdiction

over the esate under administration
Pag bayad na lahat ng utang ng estate
And the residue was delivered to
persons entitled to receive it
Yng finality of project of partition, di
dyan magwakas ang jurisdicition ng
probate court

Dapat ung order of distribution

masunod muna