Professional Documents
Culture Documents
Summary judicial
adjudication needed
Will may or may not exist
(intestate/testate)
Debts may or may not exist
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of notice
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Pay debts of estate which are due
Partition of estate
Notes: There is no requirement regarding the lack of debts
(unlike extrajudicial partition) in summary settlement of
estates of small value since the court will make provisions
for such in its resolution of the proceedings.
REMEDIES OF AGGRIEVED PARTIES AFTER EXTRAJUDICIAL SETTLEMENT OF ESTATE
(1) CLAIM AGAINST THE BOND OR THE ESTATE
WITHIN TWO
YEARS
Bond and real estate remain charged
Rule: bond and real estate shall remain charged with a
liability to creditor, heirs or other persons for the full
period of 2 years after such distribution, notwithstanding
any transfers of real estate that may have been made.
When applicable: There is an heir or other person who
(a) has been unduly deprived of his lawful participation in
the estate:
He shall have a right to compel the settlement of the
estate in the courts for the purpose of satisfying such
lawful participation.
(b) has been unduly deprived of his lawful participation
payable in money: The court having jurisdiction of the
estate may, by order for that purpose, after hearing,
(i) settle the amount of such debts or lawful
participation, and
(ii) order how much and in what manner each
distributee shall contribute in the payment
thereof, and
(iii) may issue execution against the bond or
against the real estate belonging to the deceased,
or both.
When not applicable:
(a) To persons who have participated or taken part or had
notice of the extrajudicial partition
(b) When the provisions of Sec. 1 of Rule 74 have been
strictly complied with (all persons or heirs of the decedent
have taken part in the extrajudicial settlement or are
represented by themselves or through guardians)
This is only a Bar against the parties who had taken part in
the extrajudicial proceedings, but not against third
persons not parties thereto
Period for Claim of Minor or Incapacitated Person
If on the date of the expiration of the period of 2 years,
the person authorized to file a claim is:
(1) a minor or mentally incapacitated, or is in prison or
(2) outside the Philippines,
He may present his claim within 1 year after such
disability is removed. [Sec. 5, Rule 74]
After the two years has passed, claimant must file an
ordinary action against the distributes within the statute of
limitations.
(2) ACTION TO ANNUL A DEED OF EXTRAJUDICIAL
PARTITION
Prescriptive period: within 4 years from the discovery of
the fraud (deemed to have taken place when said
instrument was filed with the Register of Deeds and new
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