The document outlines the 7 stages of settling an estate: [1] Filing a petition to allow the will or for letters of administration; [2] Notice and hearing on the petition; [3] Court order allowing the will or issuing letters; [4] Filing and adjudication of claims against the estate; [5] Payment of debts; [6] Distribution of remaining estate assets; [7] Closing of estate proceedings.
The document outlines the 7 stages of settling an estate: [1] Filing a petition to allow the will or for letters of administration; [2] Notice and hearing on the petition; [3] Court order allowing the will or issuing letters; [4] Filing and adjudication of claims against the estate; [5] Payment of debts; [6] Distribution of remaining estate assets; [7] Closing of estate proceedings.
The document outlines the 7 stages of settling an estate: [1] Filing a petition to allow the will or for letters of administration; [2] Notice and hearing on the petition; [3] Court order allowing the will or issuing letters; [4] Filing and adjudication of claims against the estate; [5] Payment of debts; [6] Distribution of remaining estate assets; [7] Closing of estate proceedings.
The document outlines the 7 stages of settling an estate: [1] Filing a petition to allow the will or for letters of administration; [2] Notice and hearing on the petition; [3] Court order allowing the will or issuing letters; [4] Filing and adjudication of claims against the estate; [5] Payment of debts; [6] Distribution of remaining estate assets; [7] Closing of estate proceedings.
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SETTLEMENT OF ESTATE
STAGES
I. PETITION Testate Intestate Filing of petition for allowance of will – by Filing of petition for issuance of letters of executor, devisee, legatee, other interested administration – person (Rule 79 Sec. 2) person (Rule 76 Secs. 1&2)
Order setting petition for hearing
Notice of hearing
1. Publication of notice for 3 consecutive weeks (Rule 76, Sec. 3)
2. Notice by mail or personally to designated or known heirs, legatees, devisees, executor (Rule 76, Sec. 4);
Notice to known heirs, creditors, other interested persons (rule 79 Sec. 3)
II. HEARING Proof of Notice of hearing (Rule 76, Sec. 5) (Rule 79, Sec. 5)
Evidence for Petitioner
1. Death of Decedent 2. Residence at time of death
Testimony/ies of subscribing witness/es Decedent left no will or there is no
(Rule 76 Secs. 5 and 11) competent and willing executor (Rule 79, Sec. 5)
Proof when testator is petitioner (Rule 76, Petitioner is qualified for appointment Sec. 12) (Rule 78, Secs. 1 and 6)
Evidence for Oppositor
File grounds for contest
(Rule 76, Sec. 10) III. COURT ORDER Order or decision allowing will or admitting it to probate
Certificate of allowance attached to prove will (Rule 76, Sec. 13
Order for issuance of letters testamentary(Rule 78, Sec. 4)
Order for issuance of letters of administration (Rule 79, Sec. 5)
Issuance of letters by clerk of court
Oath of executor or administrator
Filing of executor or administrator's bond (Rule 81 Sec. 1)
Filing of inventory within 3 mos. (Rule 81 Sec. 1a)
Accounting within 1 year (Rule 81 Sec. 1C; Rule 85 Sec. 8)
Actions by or against executor or administrator (Rule 87)
IV. CLAIMS AGAINST ESTATE Notice of filing of claims- time for filing not more that 12 mos. nor less than 6 mos. from first publication (Rule 86 Secs. 1&2)
Publication of notice for 3 consecutive weeks and posting (Rule 86, Secs. 3&4)
Filing of claim and answer thereto (Rule 86, Secs. 9&10)
Trial of contested claim (Rule 86, Secs. 12)
Judgment approving or disapproving claim (Rule 86, Secs. 13)
V. PAYMENT OF DEBTS OF ESTATE Debts paid in full if estate sufficient (Rule 88, Secs. 1)
Order of payment if estate is insolvent (Rule 88, Secs. 7)
Order for payment of debts (Rule 88, Secs. 11)
Time for payment not to exceed 1 year, extendible for 1 more year (Rule 88, Secs. 15) Sales, mortgages and other encumbrances of property of decedent for paying debts, etc. (Rule 89) VI. DISTRIBUTION AND PARTITION OF ESTATE
Rule 90 Approval of final accounting and project of partition
Actual distribution or delivery to heirs of their respective shares
VII. CLOSING Order declaring proceedings closed and terminated
