Rule 74 Summary Settlement of Estate; Liability Distributees

• Section 1. Extrajudicial settlement by agreement between heirs. (1)


  If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may without securing letters of administration, divide the estate among themselves as they see t by means of a public instrument led in the oce of the register of deeds, and should they disagree, they may do so in an ordinary action of partition.
• Section 1. Extrajudicial settlement by agreement between heirs. (2)


  If there is only one heir, he may adjudicate to himself the entire estate by means of an adavit lled in the oce of the register of deeds. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an adavit shall le, simultaneously with and as a condition precedent to the ling of the public instrument,..
• Section 1. Extrajudicial settlement by agreement between heirs. (3)

  ...or stipulation in the action for partition, or of the adavit in the oce of the register of deeds, a bond with the said register of deeds, in an amount equivalent to the value of the personal property involved as certied to under oath by the parties concerned and conditioned upon the payment of any just claim that may be led under section 4 of this rule. It shall be presumed that the decedent left no debts if no creditor les a petition for letters of administration within two (2) years after the death of the decedent.
• Section 1. Extrajudicial settlement by agreement between heirs. (4)

  The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the nest succeeding section; but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof.
• Section 2. Summary settlement of estate of small value.  (1)

  Whenever the gross value of the estate of a deceased person, whether he died testate or intestate, does not exceed ten thousand pesos, and that fact is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing,
• Section 2. Summary settlement of estate of small value.  (2)

  which shall be held not less than one (1) month nor more than three (3) months from the date of the last publication of a notice which shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province, and after such other notice to interested persons as the court may direct, the court may proceed summarily, without the appointment of an executor or administrator, and without delay,
• Section 2. Summary settlement of estate of small value.  (3)

  to grant, if proper, allowance of the will, if any there be, to determine who are the persons legally entitled to participate in the estate, and to apportion and divide it among them after the payment of such debts of the estate as the court shall then nd to be due;
• Section 2. Summary settlement of estate of small value.  (4)

  and such persons, in their own right, if they are of lawful age and legal capacity, or by theirguardians or trustees legally appointed and qualied, if otherwise, shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively.
• Section 2. Summary settlement of estate of small value. (5)

  The court shall make such order as may be just respecting the costs of the proceedings, and all orders and judgments made or rendered in the course thereof shall be recorded in the oce of the clerk, and the order of partition or award, if it involves real estate, shall be recorded in the proper register's oce.
• Section 3. Bond to be filed by distributees. 

  The court, before allowing a partition in accordance with the provisions of the preceding section, my require the distributees, if property other than real is to be distributed, to le a bond in an amount to be xed by court, conditioned for the payment of any just claim which may be led under the next succeeding section.
• Section 4. Liability of distributees and estate. (1)

  If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the rst two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation.
• Section 4. Liability of distributees and estate. (2)

  And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof
• Section 4. Liability of distributees and estate. (3)

  ..and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made.
• Section 5. Period for claim of minor or incapacitated person.

  If on the date of the expiration of the period of two (2) years prescribed in the preceding section the person authorized to le a claim is a minor or mentally incapacitated, or is in prison or outside the Philippines, he may present his claim within one (1) year after such disability is removed.