RULE 78: Letters authority so to serve under a previous

appointment. (Section 3)
Testamentary and of
Administration When and to Letters Testamentary
It is an authority issued to an executor named in
Whom Issued the will to administer the estate.
Who may administer the estate: Letters of Administration
1. Executor
It is an authority issued by the court to a
2. Administrator
competent person to administer the estate of the
deceased who died intestate.
Who are incompetent to serve as executors or
administrators? Rule if some co-executors are disqualified
1. Minor When all of the executors named in a will cannot
2. Not a resident of the Philippines act because of incompetency, refusal to accept
3. Opinion of the court to be unfit to execute the
the trust, or failure to give bond, on the part of
duties of the trust by reason of drunkenness,
improvidence, or want of understanding or one or more of them, letters testamentary may
integrity, or by reason of conviction of an issue to such of them as are competent, accept
offense involving moral turpitude. and give bond, and they may perform the duties
and discharge the trust required by will.
Executor Administrator
A person named A person appointed by Order of preference in granting letters of
expressly by the the intestate court to administration under Section 6 if no executor
deceased person in administer the estate of is named in the will or the executor is
his will to a deceased person: incompetent, refuses the trust, or fails to give
administer, settle and
bond, or a person dies intestate:
liquidate his estate a. dies without leaving a
will
a. To the surviving husband or wife, as the case
b. or did not name any
executor even if there may be, or next of kin, or both, in the discretion
was a will. of the court, or to such person as such surviving
c. if there be one named, husband or wife, or next of kin, requests to have
he is incompetent, appointed, if competent and willing to serve.
refuses the trust or fails
to give a bond, or that b. If such surviving husband or wife, as the case
the will subsequently, is may be, or next of kin, or the person selected by
declared null and void. them, be incompetent or unwilling, or if the
husband or widow, or next of kin, neglects for
30 days after the death of the person to apply for
 No law that prohibits an alien from
administration or to request that administration
becoming an executor or administrator.
 Executor of an executor shall not, as be granted to some other person, it may be
such, administer the estate of the first granted to one or more of the principal creditors,
testator. (Section 2, Rule 78) if competent and willing to serve.
 A married woman may serve as
c. If there is no such creditor competent and
executrix or administratix. The marriage
willing to serve, it may be granted to such other
of a single woman shall not affect her
person as the court may select.
Rationale on order of preference: Those who
will reap the benefit of a wise, speedy,
economical administration of the estate, or, in
the alternative, suffer the consequences of waste,
improvidence or mismanagement, have the
highest interest and most influential motive to
administer the estate correctly.

Principal consideration in the appointment of

an administrator – Interest in the estate of the
one to be appointed.

Is the rule on order of preference absolute?

NO
GR: Court cannot set aside the order of
preference.
XPN: Not absolute for it depends on the
attendant facts and circumstances of each case.

Other instances when the court may set aside

the order of preference:
When the persons who have the preferential
right to be appointed are not competent or are
unwilling to serve.

Scope or limit of administration

Administration extends only to the assets of a
decedent found within the state or country where
it was granted

Note: Earnest effort is not required in special

proceedings.