Rule 79: Letters


[1] LETTERS TESTAMENTARY (This is issued to the executor.)
[2] LETTERS OF ADMINISTRATION WITH WILL ANNEXED (This is issued to administrator when there is no executor named in will, or executor is incompetent, refuses trust or fails to give bond.)
[3] LETTERS OF ADMINISTRATION (This is issued to administrator in intestate proceedings.)

Sec. 1. Opposition to issuance of letters testamentary. Simultaneous petition for administration.

Any person interested in a will may oppose in writing the issuance of letters testamentary to persons named as executors, and at the same time file petition for letters of administration with will annexed.
Sagunsin v. Lindayag, 6 SCRA 874

The meaning of "interested person" is one who would be benefited by the estate (heir), or one who has a claim against the estate (creditor). Interest must be material and direct, not merely indirect or contingent.

San Luis v. San Luis, G.R. No. 133743, February 6, 2007

An interested person has been defined as one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor. The interest must be material and direct, and not merely indirect or contingent.

Tayag v. Tayag-Gallor, G.R. No. 174680, March 24, 2008

Where the right of the person filing a petition for the issuance of letters of administration is dependent on a fact which has not been established or worse, can no longer be established, such contingent interest does not make her an interested party.

De Arranz v. Galing

Section 3 of Rule 79 requires publication. This is because publication and notice of hearing (per Sec. 3, Rule 76) are jurisdictional requirements. Also, it is mandatory to give notice to known heirs and creditors of the decedent, and to any other person believed to have an interest in the estate(per Sec. 4, Rule 76) if names and addresses are known.

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