2. Section 1.
Inventory And AppraisalTo Be
ReturnedWithinThree Months.
lspu college of law// juris doctor// 3rd year
3. As expressly provide that after three
(3) months after his appointment an
executor or administrator must return
to the court a true inventory and
appraisal of all the real and personal
estate of the deceased which come
into his possession or knowledge.
lspu college of law// juris doctor// 3rd year
4. The administrator or executor is not
chargeable with the administration
of estate which has not come into
his possession
lspu college of law// juris doctor// 3rd year
5. The delay in filing of inventory if not
satisfactorily explained by the
administrator may be a ground for
removal of appointment.
Three month period in rule is not
mandatory.
lspu college of law// juris doctor// 3rd year
7. The wearing apparel of the
surviving husband or wife and
minor children including conjugal
bed, bedding and such provisions
and other articles as will
necessarily consumed for the
subsistence of the family of the
deceased shall not be included in
the inventory.
lspu college of law// juris doctor// 3rd year
8. Property claimed by a third person
may be included in the inventory as
part of the assets of the estate and
the probate court may order such
inclusion, but such order is only prima
facie determination and does not
preclude the claimants from
maintaining an ordinary civil action
for the determination of title.
lspu college of law// juris doctor// 3rd year
10. During the settlement of the estate
of the deceased, the widow and
minor or incapacitated children of
the deceased, shall receive
therefrom under the direction of
the court, such allowance as are
provided by law
lspu college of law// juris doctor// 3rd year
11. If the cash in the possession of the
administatrix is sufficient for the
monthly allowance being paid to
the heirs the court may not order
the sale of property of the
deceased.
lspu college of law// juris doctor// 3rd year
12. The support should not be limited to
the minor or incapacitated children as
provided in Article 133 of the Family
Code that regardless of their age, civil
status or gainful employment are
entitled to provisional support from
the funds of the estate.
lspu college of law// juris doctor// 3rd year
13. Grandchildren is not included in the
provision for the support of the
deceased.
lspu college of law// juris doctor// 3rd year
14. Case for discussion
Hiers of Jose Sy Bang et al.
versus
Rolando Sy, Rosalino Sy et al
G.R. No. 114217, October 13, 2009
lspu college of law// juris doctor// 3rd year
15. lspu college of law// juris doctor// 3rd year
Sy Bang
Ba Nga Rosita Sy
Rolando, Rosalino,
Lucio, Enrique,
Rosauro,
Bartolome, Julieta,
Lourdes, Florecita
Oscar
Sy
Julian Sy
Bang
Jose Sy-
Iluminada
Tan
Zenaida -
Emma
