Letters testamentary and of Administrat
Letters testamentary and of Administration
a) When and to whom letters of Administration granted
Letters of Testamentary-issued when will is allowed. When a will has been proved and allowed, the court shall issue letter testamentary to the person named executor.
Letters of Administration-issued by the court if no executor is named in the will, or the executor or executors are incompetent, refuse the trust or fail to give bond or a person dies intestate.
PERSONS WHO MAY BE
EXECUTORS/ADMINISTRATORS
1) EXECUTOR – The person named in the will to administer the decedent’s estate and carry out the provisions thereof.
2) ADMINISTRATOR (regular or special) – The person appointed by the court to administer the estate where the decedent died intestate.
*An administrator may also be one appointed by the court in cases when, although there is a will, the will does not appoint any executor, or if appointed, said person is either incapacitated or unwilling to serve as such.
PERSONS WHO ARE INCOMPETENT TO SERVE AS
EXECUTORS/ADMINISTRATORS [Rule 78, Sec. 1 and 2]
1) A minor.
2) A non-resident.
3) One who, in the opinion of the court, is unfit to exercise the duties of the trust by reason of:
a) Drunkenness.
b) Improvidence.
c) Want of understanding/integrity.
d) Conviction of an offense involving moral turpitude. 4) The executor of an executor cannot administer the estate of the first testator.
ORDER OF PREFERENCE IN GRANTING LETTERS OF
ADMINISTRATION
1) Surviving spouse or next of kin.
• NEXT OF KIN – Those persons who are entitled under the statute of distribution to the decedent’s property.
2) Any one or more of the principal creditors.
3) Stranger.
OPPOSITION OF THE ISSUANCE OF LETTERS
TESTAMENTARY [Rule 79, Sec. 1]
• Any interested person in the will.
• He should state the grounds in writing why he is opposing and he may attach a petition for letters of administration.
CONTENTS OF A PETITION [Rule 79, Sec. 2]
1) Jurisdictional facts.
2) Names/ages/residences of heirs
a) When and to whom letters of Administration granted
Letters of Testamentary-issued when will is allowed. When a will has been proved and allowed, the court shall issue letter testamentary to the person named executor.
Letters of Administration-issued by the court if no executor is named in the will, or the executor or executors are incompetent, refuse the trust or fail to give bond or a person dies intestate.
PERSONS WHO MAY BE
EXECUTORS/ADMINISTRATORS
1) EXECUTOR – The person named in the will to administer the decedent’s estate and carry out the provisions thereof.
2) ADMINISTRATOR (regular or special) – The person appointed by the court to administer the estate where the decedent died intestate.
*An administrator may also be one appointed by the court in cases when, although there is a will, the will does not appoint any executor, or if appointed, said person is either incapacitated or unwilling to serve as such.
PERSONS WHO ARE INCOMPETENT TO SERVE AS
EXECUTORS/ADMINISTRATORS [Rule 78, Sec. 1 and 2]
1) A minor.
2) A non-resident.
3) One who, in the opinion of the court, is unfit to exercise the duties of the trust by reason of:
a) Drunkenness.
b) Improvidence.
c) Want of understanding/integrity.
d) Conviction of an offense involving moral turpitude. 4) The executor of an executor cannot administer the estate of the first testator.
ORDER OF PREFERENCE IN GRANTING LETTERS OF
ADMINISTRATION
1) Surviving spouse or next of kin.
• NEXT OF KIN – Those persons who are entitled under the statute of distribution to the decedent’s property.
2) Any one or more of the principal creditors.
3) Stranger.
OPPOSITION OF THE ISSUANCE OF LETTERS
TESTAMENTARY [Rule 79, Sec. 1]
• Any interested person in the will.
• He should state the grounds in writing why he is opposing and he may attach a petition for letters of administration.
CONTENTS OF A PETITION [Rule 79, Sec. 2]
1) Jurisdictional facts.
2) Names/ages/residences of heirs