General Provisions Settlement of Estate

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RULE

General
Provisions

Settlement of Estate

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Subject Matter &


Applicability of General
Rules

Venue & Process

Summary Settlement of
Estate

Allowance or
Disallowance
of Will

Sec. 1
Subject matter of special
proceedings.

Sec. 1.
Where
estate
of
deceased persons settled.

Sec. 1
Extrajudicial settlement
by agreement between
heirs.

Sec. 2
Applicability of rules of
civil actions.

Sec. 2
Where estate settled
upon
dissolution
of
marriage.

Sec. 2
Summary settlement of
estate of small value.

Sec. 3.
Process.

Sec. 3
Bond to be filed by
distributees.

Production of
Will.
Allowance of
Will Necessary
Section
1.
Allowance
necessary.
Conclusive as
to execution.
Section
2.
Custodian of
will to deliver.
Section
3.
Executor
to
present
will
and accept or
refuse trust.

Sec. 4
Presumption of death.

Sec. 4
Liability of distributees &
estate.

Section
4.
Custodian and
executor
subject to fine
for neglect.

Sec. 5
Period for claim of minor
or incapacitated person

Section
5.
Person
retaining will
may
be
committed.

Section 1. Who
may
petition
for
the
allowance of
will.
Section
2.
Contents
of
petition.
Section
3.
Court
to
appoint
time
for
proving
will.
Notice
thereof to be
published.
Section
4.
Heirs,
devisees,
legatees, and
executors to be
notified by mail
or personally.
Section
5.
Proof
at
hearing. What
sufficient
in
absence
of
contest.
Section
6.
Proof of lost or
destroyed will.

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Certificate
thereupon.

of Deceased Persons

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