RULE 82.

4 -
RULE 83
UNIVERSITY OF SAN JOSE RECOLETOS

Presented by: Jeanne Aurice C. Gamayon

 RULE 82, SECTION 4

Powers of new executor or administrator. Renewal

of license to sell real estate.
The person to whom letters testamentary or of new administration are granted after the revocation of
former letters, or the death, resignation, or removal of a former executor or administrator, shall have the
like powers to collect and settle the estate not administered that the former executor or administrator had,
and my prosecute or defend actions commenced by or against the former executor or administrator. An
authority granted by the court to the former executor or administrator for the sale or mortgage of real
estate may be renewed in favor of such person without further notice or hearing.
 RULE 83
INVENTORY AND APPRAISAL
PROVISION FOR SUPPORT OF FAMILY
 RULE 83
• Sec. 1 Inventory and appraisal to be
returned within three months

• Sec. 2 Certain article not to be inventoried

• Sec. 3 Allowance to widow and family

RULE 83 , SEC. 1
Sec.1 Within three (3) months after his appointment every executor or
administrator shall return to the court a true inventory and appraisal of all
real and personal estate of the deceased which has come into his
possession or knowledge. In the appraisement of such estate, the court
may order one or more of the inheritance tax appraisers to give his or their
assistance.
 SEC. 2 SEC. 3
• The wearing apparel of the surviving
husband or wife and minor children , the • The widow and minor or incapacitated
marriage bed and bedding, and such children of a deceased person, during the
provisions and other articles as will settlement of the estate, shall receive
necessarily be consumed in the therefrom , under the direction of the
substinence of the family of the deceased ,
court, such allowance as are provided by
under the direction of the court , shall not
law
be considered as assets, nor administered
as such, and shall not be included in the
inventory.
Question :
IS THE EXECUTOR OR ADMINISTRATOR DUTY
BOUND TO MAKE A RETURN OF THE
INVENTORY AND APPRAISAL OF THE ESTATE?
ANSWER:
YES.
• Sec. 1 expressly provides that three
months after his appointment , every
executor or administrator shall return to
the court a true inventory and appraisal of
all the real and personal estate of the
deceased which has come into his
possession or knowledge.
QUESTION:
is the three-month period to submit an
inventory and appraisal of all real and
personal estate mandatory
 ANSWER:
NO.
The three-month period under this Rule is not mandatory. The court retains jurisdiction notwithstanding the fact
that the inventory is filed beyond the said period. After the filing of the petition for the issuance of letters of
administration and the publication of the notice of hearing, the probate court acquires jurisdiction over the
decedent's estate and retains that juridiction until the proceeding is closed. The fact that an inventory was filed
after the three-month period would deprive the probate court of jurisdiction to approve it. The delay in filing the
inventory by the administrator , if not satisfactorily explained, may be ground for removal. (Sebial v. Sebial , et
al., G.R. No. L 23419 , 64 scra 385 , 391)
QUESTION
• May a property claimed
by a third person be
included in the
inventory?
 ANSWER:
YES.
Property claimed by third persons may be included in the inventory as part of
the assets of the state and the probate court may order such inclusion , but such
order of the probate court is only a prima facie determination and does not
preclude the claimants from maintaining an ordinary civil action for the
determination of title. (Vda. de Paz de Madrigal , 100 Phil 1085)
 QUESTIONS:
MAY THE WIDOW AND ARE GRANDCHILDREN
FAMILY OF A DECEASED ENTITLED TO
PERSON RECEIVE AN ALLOWANCE?
ALLOWANCE DURING
THE SETTLEMENT OF
THE ESTATE?

ANSWERS:
The widow or incapacitated children of a deceased
person, during the settlement of the estate, shall
receive therefrom under the direction of the court ,
such allowance as provided by law.
No, grandchildren are not entitled to allowance
under Rule 83. The law clearly limits the
allowance to "widow and children" and does not
extend it to the deceased's grandchildren ,
regardless of their minority or incapacity. (Estate
of Hilario Ruiz vs. Court of Appeals, G.R. No.
118671, January 29, 1996)

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REFERENCES
SPECIAL PROCEEDINGS - A FORESIGHT TO THE BAR
EXAM AND THE PRACTICE OF LAW (2020) , FOURTH
EDITION BY ATTY. GEMY LITO . FESTIN , LL.M.

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