FLOWCHART: CREDITOR’S CLAIM FROM ESTATE PROCEDURE

Petition Filed by Notice of Hearing sent

Testator to Compulsory Heirs
Notice and Publication of
Notice for Hearing on Hearing on fitness of
Executor named Letters Executor
ANTI Will allowed
MORTEM
1. Notice of Hearing to Executor not named Hearing on fitness of
Notice and Publication of
Heirs, Legatees, Devisees Notice for Hearing on Administrator
Probate Hearing ORDER Letters Issuance of LETTERS OF Issuance of LETTERS OF
2. Publication of Notice
ADMINISTRATION TESTAMENTARY
of Hearing for 3
consecutive weeks
Will disallowed

With a will
Oath of Executor/
Will subsequently Administrator
discovered 1. Bond
2. Inventory (3 months)
With or Estate Value is SUMMARY 3. Accounting (1 year)
Decedent’s death without a will not more than SETTLEMENT Revocation of
10K Letters of
Se Administration 1. Notice to Creditors
2. Publication of Notice

BACK TO
PROBATE 6-12 months from first
With debt INTESTATE
publication: time to file
and heirs PROCEEDING claims
With NO will

With debt but ESCHEAT Petition by Notification to Entry of Publication Claim to

NO heirs SolGen all interested Hearing
Order of order the estate
parties Payment of debts

In disagreement Ordinary Action

Multiple Heirs
for partition
In agreement Public instrument filed with the Publication for 3
and no debt Extrajudicial register of deeds; filing of bond consecutive weeks Lapse of 2 years;
Single Heir settlement equivalent to amount of personal presumption of no debt
Affidavit of Self Adjudication property with the Register of Deeds