Effects of death of decedent or testator
Article 777. The rights to the succession are transmitted from the moment of the death of the decedent. (Civil Code of the Philippines) As a result of this rule, the following must be observed.
[1] The law in force at the time of the decedent's death governs succession.
[2] The heir becomes the owner of his share as well as all fruits which accrue after the death of the decedent.
[3] IF there are no debts or claims against the estate, upon death of the decedent, heirs may immediately possess, administer and dispose of their shares.
[4] Since succession takes place by operation of law at the moment of the death of the decedent, the heirs can sue upon the rights of the decedent, without the need of appointing an executor or administrator (G.R. No. 126334).
[5] There is no need of a judicial declaration of their status as heirs (G.R. No. 45170).
[6] Heirs may also be sued without a previous declaration of heirship, provided there is no pending special proceeding for the settlement of estate of the decedent (G.R. No. L-28394).
[7] Article 533. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted.
[8] The basis of the accrual of estate taxes is not the taking by the heir of possession of the estate but the moment of death of the decedent or testator.
[1] The law in force at the time of the decedent's death governs succession.
[2] The heir becomes the owner of his share as well as all fruits which accrue after the death of the decedent.
[3] IF there are no debts or claims against the estate, upon death of the decedent, heirs may immediately possess, administer and dispose of their shares.
[4] Since succession takes place by operation of law at the moment of the death of the decedent, the heirs can sue upon the rights of the decedent, without the need of appointing an executor or administrator (G.R. No. 126334).
[5] There is no need of a judicial declaration of their status as heirs (G.R. No. 45170).
[6] Heirs may also be sued without a previous declaration of heirship, provided there is no pending special proceeding for the settlement of estate of the decedent (G.R. No. L-28394).
[7] Article 533. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted.
[8] The basis of the accrual of estate taxes is not the taking by the heir of possession of the estate but the moment of death of the decedent or testator.
