Rule 82: Grounds for Removal of an Administrator

What are the grounds to remove an administrator?

SECTION 1: Administration revoked if will discovered. Proceedings thereupon.

[1] If after letters of administration have been granted as if decedent died intestate, his will is PROVED AND ALLOWED by the court,
[2] letters of administration shall be REVOKED and all powers thereunder cease.
[3] Administrator shall forthwith (1) surrender letters to the court and (b) render his account within such time as the court directs
[4] Proceedings for issuance of letters testamentary or of administration will follow.

SECTION 2: Court may remove or accept resignation of executor or administrator. Proceedings upon death, resignation, or removal.

Concerning complaints against the general competence of the administrator, the proper remedy is to seek the removal of the administrator in accordance with Section 2, Rule 82. While the provision is silent as to who may seek with the court the removal of the administrator, a creditor, even a contingent one, would have the personality to seek such relief. After all, the interest of the creditor in the estate relates to the preservation of sufficient assets to answer for the debt, and the general competence or good faith of the administrator is necessary to fulfill such purpose. (Hilado vs. Court of Appeals, G.R. No. 164108, May 8, 2009)

SECTION 3: Acts before revocation, resignation, or removal to be valid.

Effect of revocation, resignation or removal of executor or administrator on his previous acts lawful acts shall have same validity as if no revocation, resignation or removal.
Proceedings Discretionary upon the Court

Whether intestate proceedings already commenced should be discontinued and a new proceeding under a separate number and title should be constituted entirely a MATTER OF FORM and lies within SOUND DISCRETION of court. Does not prejudice substantial rights of heirs and creditors (Intestate Estate of Wolfson, 45 SCRA 381).