3. Judicial Settlement

Assignment of rights: no interest to participate therein

Where an heir has validly assigned all his rights to the estate before the institution of settlement proceedings thereover, he no longer has the requisite interest to participate therein. (Duran, et al. v. Duran, G.R. No. L-23372, 1967)

Where the assignment is made during the pendency of settlement proceedings, it requires approval of the court for its validity. However, it has been held that in this situation, even if that assignment has been approved by the court, such approval is not deemed final until the proceeding over the estate is closed, as such approval can still be vacated, hence the assignor remains as an interested party in the proceeding. (Gutierrez v. Villegas, et al., G.R. No. L11848, 1962)