Description

Questions discussed

Special Proceedings (Basic Concepts)

What is a special proceeding?

What is a civil action?

Ordinary actions vs. special proceedings

What is an executor? Requirements?

What is an administrator?

What is issued by the court if it allows an executor to act?

When is an administrator granted by the court?

What rules apply to special proceedings? How construed?

Does the “earnest efforts to compromise” rule apply to special proceedings?

Is certification against forum shopping, written explanation for non-personal service and filing, and payment of filing fees for money claims required in special proceedings?

Kinds of settlement of the estate of a deceased person or person presumed dead?

What is Letters of Administration with a Will Annexed?

What is the rule on the administration of properties of the decedent?

What is Partition or Judicial Partition?

What is a Letter of Administration?

When do the rights of the heirs to succession vest?

What delineates court jurisdiction in probate, estate (testate or intestate) proceedings? What court has jurisdiction?

What is the venue of settlement of estate proceedings?

What does “residence” mean?

When is the venue improperly laid? What is the remedy?

Can venue be waived?

What if separate proceedings were filed in the same court?

Can other courts dispose of the properties once a court has taken cognizance of the settlement of the estate?

What is the nature of the estate proceedings?

What are the requirements for Extrajudicial Settlement of Estates?

What if there is a failure to file the EJS or AS-Adj?

If a person had no knowledge or had not participated in the EJS, is he bound by the constructive notice of publication?

Is allowance of a will necessary?

Probate Court

What is the special jurisdiction of a probate court? What is the role of the probate court?

May a probate court pass upon the intrinsic validity of a will? Reason?

What is the effect of the probate of the will?

Summarize 3 areas of concern in a settlement proceeding

Who may petition the probate of a will?

Who are “persons interested in an estate”?

Is probate of a will subject to prescription?

Lost or destroyed will, can it be probated?