Rule 82: Precedence of Probate Will


Section 1, Rule 82 was followed in Uriarte vs. CFI of Negros Occidental:

[1] If in the course of intestate proceedings, it is found out that decedent left a last will,
[2] Probate proceedings should REPLACE intestate proceedings
[3] Even if at that stage an administrator had already been appointed.
[4] Administrator is required to (1) render final account and (2) to turn over estate in his possession to executor subsequently appointed.
[5] Without prejudice that proceeding shall continue as intestacy should alleged will be rejected or disapproved.
Probate of the will is mandatory (Section 1, Rule 75) and therefore takes precedence over intestate proceedings.

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