Rule 89 Sales, Mortgages, and other Encumbrances

• Section 1. Order of sale of personality.

  Upon the application of the executor or administrator, and on written notice to the heirs and other persons interested, the court may order the whole or a part of the personal estate to be sold, if it appears necessary for the purpose of paying debts, expenses of administration, or legacies, or for the preservation of the property.
• Section 2. When court may authorize sale, mortgage, or other encumbrance of realty to pay debts and legacies through personality not exhausted. (1)


  hen the personal estate of the deceased is not sufficient to pay the debts, expenses of administration, and legacies, or where the sale of such personal estate may injure the business or other interests of those interested in the estate, and where a testator has not otherwise made sufficient provision for the payment of such debts, expenses, and legacies,
• Section 2. When court may authorize sale, mortgage, or other encumbrance of realty to pay debts and legacies through personality not exhausted. (2)

  the court, on the application of the executor or administrator and on written notice of the heirs, devisees, and legatees residing in the Philippines, may authorize the executor or administrator to sell, mortgage, or otherwise encumber so much as may be necessary of the real estate, in lieu of personal estate, for the purpose of paying such debts, expenses, and legacies,
• Section 2. When court may authorize sale, mortgage, or other encumbrance of realty to pay debts and legacies through personality not exhausted. (3)


  if it clearly appears that such sale, mortgage, or encumbrance would be beneficial to the persons interested; and if a part cannot be sold, mortgaged, or otherwise encumbered without injury to those interested in the remainder, the authority may be for the sale, mortgage, or other encumbrance of the whole of such real estate, or so much thereof as is necessary or beneficial under the circumstances.
• Section 3. Persons interested may prevent such sale, etc., by giving bond.


  No such authority to sell, mortgage, or otherwise encumber real or personal estate shall be granted if any person interested in the estate gives a bond, in a sum to be fixed by the court, conditioned to pay the debts, expenses of administration, and legacies within such time as the court directs; and such bond shall be for the security of the creditors, as well as of the executor or administrator, and may be prosecuted for the benefit of either.
• Section 4. When court may authorize sale of estate as beneficial to interested persons. Disposal of proceeds. (1)

  When it appears that the sale of the whole or a part of the real or personal estate, will be beneficial to the heirs, devisees, legatees, and other interested persons, the court may, upon application of the executor or administrator and on written notice to the heirs, devisees, and legatees who are interested in the estate to be sold, authorize the executor or administrator to sell the whole or a part of said estate,...
• Section 4. When court may authorize sale of estate as beneficial to interested persons. Disposal of proceeds. (2)

  although not necessary to pay debts, legacies, or expenses of administration; but such authority shall not be granted if inconsistent with the provisions of a will. In case of such sale, the proceeds shall be assigned to the persons entitled to the estate in the proper proportions.
• Section 5. When court may authorize sale, mortgage, or other encumbrance of estate to pay debts and legacies in other countries. (1)

  When the sale of personal estate, or the sale, mortgage, or other encumbrance of real estate is not necessary to pay the debts, expenses of administration, or legacies in the Philippines, but it appears from records and proceedings of a probate court in another country that the estate of the deceased in such other country is not sufficient to pay the debts, expenses of administration, and legacies there,
• Section 5. When court may authorize sale, mortgage, or other encumbrance of estate to pay debts and legacies in other countries. (2)


  the court here may authorize the executor or administrator to sell the personal estate or to sell, mortgage, or otherwise encumber the real estate for the payment of debts or legacies in the other country, in same manner as for the payment of debts or legacies in the Philippines.
• Section 6. When court may authorize sale, mortgage, or other encumbrance of realty acquired on execution or foreclosure

  The court may authorize an executor or administrator to sell mortgage, or otherwise encumber real estate acquired by him on execution or foreclosure sale, under the same circumstances and under the same regulations as prescribed in this rule for the sale, mortgage, or other encumbrance of other real estate.
• Section 7. Regulation for granting authority to sell, mortgage, or otherwise encumber estate. (1)

  The court having jurisdiction of the estate of the deceased may authorize the executor or administrator to sell personal estate, or to sell, mortgage, or otherwise encumber real estate, in cases provided by these rules and when it appears necessary or beneficial under the following regulations.
• Section 7. Regulation for granting authority to sell, mortgage, or otherwise encumber estate. (2)

  (a) The executor or administrator shall file a written petition setting forth the debts due from the deceased, the expenses of administration, the legacies, the value of the personal estate, the situation of the estate to be sold, mortgaged, or otherwise encumbered, and such other facts as show that the sale, mortgage, or other encumbrance is necessary or beneficial.
• Section 7. Regulation for granting authority to sell, mortgage, or otherwise encumber estate. (3)

  (b) The court shall thereupon fix a time and place for hearing such petition, and cause notice stating the nature of the petition, the reasons for the same, and the time and place of hearing, to be given personally or by mail to the persons interested, and may cause such further notice to be given, by publication or otherwise, as it shall deem proper;
• Section 7. Regulation for granting authority to sell, mortgage, or otherwise encumber estate. (4)


  (c) If the court requires it, the executor or administrator shall give an additional bond, in such sum as the court directs, conditioned that such executor or administrator will account for the proceeds of the sale, mortgage, or other encumbrance;
• Section 7. Regulation for granting authority to sell, mortgage.... (5)

  (d) If the requirements in the preceding subdivisions of this section have been complied with, the court, by order stating such compliance, may authorize the executor or administrator to sell, mortgage, or otherwise encumber, in proper cases, such part of the estate as is deemed necessary, and in case of sale the court may authorize it to be public or private, as would be most beneficial to all parties concerned. The executor or administrator shall be furnished with a certified copy of such order;
• Section 7. Regulation for granting authority to sell, mortgage or otherwise encumber estate.(6)

  (e) If the estate is to be sold at auction, the mode of giving notice of the time and place of the sale shall be governed by the provisions concerning notice of execution sale;
• Section 7. Regulation for granting authority to sell, mortgage or otherwise encumber estate. (7)

  (f) There shall be recorded in the registry of deeds of the province in which the real estate thus sold, mortgage, or otherwise encumbered is situated, a certified copy of the order of the court, together with the deed of the executor or administrator for such real estate, which shall be as valid as if the deed had been executed by the deceased in his lifetime.
• Section 8. When court may authorize conveyance of realty which deceased contracted to convey. Notice. Effect of deed (1)

  Where the deceased was in his lifetime under contract, binding in law, to deed real property, or an interest therein, the court having jurisdiction of the estate may, on application for that purpose, authorize the executor or administrator to convey such property according to such contract, or with such modifications as are agreed upon by the parties and approved by the court;
• Section 8. When court may authorize conveyance of realty which deceased contracted to convey. Notice. Effect of deed (2)


  and if the contract is to convey real property to the executor or administrator, the clerk of court shall execute the deed. The deed executed by such executor, administrator, or clerk of court shall be as affectual to convey the property as if executed by the deceased in his lifetime;
• Section 8. When court may authorize conveyance of realty which deceased contracted to convey. Notice. Effect of deed (3)

  but no such conveyance shall be authorized until notice of the application for that purpose has been given personally or by mail to all persons interested, and such further notice has been given, by publication or otherwise, as the court deems proper; nor if the assets in the hands of the executor or administrator will thereby be reduced so as to prevent a creditor from receiving his full debt or diminish his dividend.
• Section 9. When court may authorize conveyance of lands which deceased held in trust. 


  Where the deceased in his lifetime held real property in trust for another person, the court may after notice given as required in the last preceding section, authorize the executor or administrator to deed such property to the person, or his executor or administrator, for whose use and benefit it was so held; and the court may order the execution of such trust, whether created by deed or by law.