Aranas vs. Mercado, G.R. No. 156407, January 15, 2014

The probate court is authorized to determine the issue of ownership of properties for purposes of their inclusion or exclusion from the inventory to be submitted by the administrator, but its determination shall only be provisional unless the interested parties are all heirs of the decedent, or the question is one of collation or advancement, or the parties consent to the assumption of jurisdiction by the probate court and the rights of third parties are not impaired. Its jurisdiction extends to matters incidental or collateral to the settlement and distribution of the estate, such as the determination of the status of each heir and whether property included in the inventory is the conjugal or exclusive property of the deceased spouse.

Legal or Intestate Succession

General Provisions When does Intestate Succession takes place? (Art 960) If the person dies without a will, or with a void will, or one which has subsequently lost its validity; When the will does not institute a heir to, or dispose of all the property belonging to the testator. Legal Succession shall take place onlyContinue reading “Legal or Intestate Succession”

Wills and Succession: General Provision

Wills and Succession Reference: Title IV. – Succession, New Civil Code of the Philippines General Provisions Art. 774-783 Definition of Succession – Art. 774 Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligation to the extent of the value of the inheritance, of a person are transmittedContinue reading “Wills and Succession: General Provision”