7 stages in settlement of estate


What are the seven (7) stages in the settlement of estates under Philippine remedial law (Rules of Court)?

[1] Petition
[2] Hearing
[3] Court Order
[4] Claims Against Estate
[5] Payment of Debts of Estate
[6] Distribution and Partition of Estate
[7] Closing

I. PETITION
[1] Testate Intestate
[2] Filing of petition for allowance of will by executor, devisee, legatee, other interested person (Rule 76, Secs. 1 & 2) Filing of petition for issuance of letters of administration person (Rule 79, Sec. 2)
[3] Order setting petition for hearing
[4] Notice of hearing: 1. Publication of notice for three consecutive weeks (Rule 76, Sec. 3) 2. Notice by mail or personally to designated or known heirs, legatees, devisees, executor (Rule 76, Sec. 4); known heirs, creditors, other interested persons (Rule 79, Sec. 3)

II. HEARING
[1] Proof of notice of hearing (Rule 76, Sec. 5) (Rule 79, Sec. 5)
[2] Evidence for petitioner

a. Death of decedent
b. Residence at time of death

[3] Testimony/ies of subscribing witness/es (Rule 76 Secs. 5 & 11) Decedent left no will or there is no competent and willing executor (Rule 79, Sec. 5)
[4] Proof when testator is petitioner (Rule 76, Sec. 12) Petitioner is qualified for appointment (Rule 78, Secs. 1 & 6)
[5] Evidence for Oppositor
[6] File grounds for contest (Rule 76, Sec. 10)

III. COURT ORDER
[1] Order or decision allowing will or admitting it to probate
[2] Certificate of allowance attached to prove will (Rule 76, Sec. 13)
[3] Order for issuance of letters testamentary (Rule 78, Sec. 4)
[4] Order for issuance of letters of administration

* (Rule 79, Sec. 5) Issuance of letters by clerk of court Oath of executor or administrator Filing of executor or administrator's bond
* (Rule 81, Sec. 1) Filing of inventory within 3 mos. (Rule 81, Sec. 1[a]) Accounting within 1 year
* (Rule 81, Sec. 1 [c]; Rule 85, Sec. 8) Actions by or against executor or administrator (Rule 87)

IV. CLAIMS AGAINST ESTATE
[1] Notice of filing of claims time for filing not more than 12 mos. nor less than 6 mos. from first publication (Rule 86, Secs. 1 & 2)
[2] Publication of notice for 3 consecutive weeks and posting (Rule 86, Secs. 3 & 4)
[3] Filing of claim and answer thereto (Rule 86, Secs. 9 & 10)
[4] Trial of contested claim (Rule 86, Sec. 12)
[5] Judgment approving or disapproving claim (Rule 86, Sec. 13) V. PAYMENT OF DEBTS OF ESTATE
[1] Debts paid in full if estate sufficient (Rule 88, Sec. 1)
[2] Order of payment if estate insolvent (Rule 88, Sec. 7)
[3] Order for payment of debts (Rule 88, Sec. 11)
[4] Time for payment not to exceed 1 year, extendible for 1 more year (Rule 88, Sec. 15)
[5] Sales, mortgages and other encumbrances of property of decedent for paying debts. etc. (Rule 89)

VI. DISTRIBUTION AND PARTITION OF ESTATE
Rule 90

[1] Approval of final accounting and project of partition
[2] Actual distribution or delivery to heirs of their respective shares

VII. CLOSING
[1] Order declaring proceedings closed and terminated.

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