STUDY GUIDE : SPECIAL PROCEEDINGS Atty. MAY DAN S.

JALGALADO

SETTLEMENT OF ESTATE OF THE DECEASED PERSON

REQUIRED READINGS:

WHAT IS AN ESTATE ?

Estate – is the degree, quantity nature and extent of interest which a person has in real
or personal property (Blacks Law Dictionary as cited in Tan, 2019)

WHAT IS SETTLEMENT OF ESTATE PROCEEDINGS ?

 It is a special proceeding wherein all the properties, rights, and assets of a

person at the time of his death are inventoried, administered, liquidated, and the
debts thereof paid, and thereafter distributed to the heirs either judicially or
extrajudicially, pursuant to the law or the will of the decedent.

 Its primary purpose is to determine the assets, pay its liabilities, and distribute
the residual to those who are entitled to the same.

WHAT IS THE NATURE OF SETTLEMENT OF ESTATE

PROCEEDINGS ?

The settlement of estate of a decedent is a proceeding in rem which is

binding against the whole world. All persons having interest in the subject matter
involved, whether they were notified or not, are equally bound. (Phil Savings
Bank vs Lantin 124 SCRA 483, as cited in Festin, 2020) .

WHEN IS THE RIGHT TO SUCCESSION OVER THE ESTATE OF THE

DECEASED STARTS?

The right to the property of the heirs begins from the moment of death. (Festin,
2020)

Substantive Basis : Art. 777 of the New Civil Code states : The right to
succession are transmitted from the moment of death of the decedent.

The Regional Trial Court has jurisdiction over proceedings for the settlement of
the estate of a deceased person (probate proceedings) where the gross value of
the estate exceeds P300,000 and in Metro Manila where the gross value of the
estate exceeds P400,000. (S19[4] BP Big. 129).

Where the gross value does not exceed P300,000 or P400,000 it would be the
Municipal Trial Court which would have jurisdiction. (Riguera, 2019)