Rule 78 Letters Testamentary and of Administration

• Section 1. Who are incompetent to serve as executors or administrators.

  No person incompetent to serve as executor or administrator who:

  (a) Is a minor;

  (b) Is not a resident of the Philippines; and

  (c) Is in the opinion of the court unfit to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude.
• Section 2. Executor of executor not to administer estate

  The executor of an executor shall not, as such, administer the estate of the first testator
• Section 3. Married women may serve

  A married woman may serve as executrix or administratrix, and the marriage of a single woman shall not affect her authority so to serve under a previous appointment.
• Section 4. Letters testamentary issued when will allowed.

  When a will has been proved and allowed, the court shall issue letters testamentary thereon to the person named as executor therein, if he is competent, accepts the trust, and gives bond as required by these rules.
• Section 5. Where some co-executors disqualified others may act.


  When all of the executors named in a will can not act because of incompetency, refusal to accept the trust, or failure to give bond, on the part of one or more of them, letters testamentary may issue to such of them as are competent, accept and give bond, and they may perform the duties and discharge the trust required by the will.
• Section 6. When and to whom letters of administration granted. (1)

  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, administration shall be granted:

  (a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve;
• Section 6. When and to whom letters of administration granted. (2)


  (b) If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or widow, or next of kin, neglects for thirty (30) days after the death of the person to apply for administration or to request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if may be granted to one or more of the principal creditors, if competent and willing to serve;
• Section 6. When and to whom letters of administration granted. (3)

  (c) If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.