b. Testate – Probate Proceedings

Questions of Title to the Property

General Rule: Questions as to title to property cannot be passed upon by the probate court in the testate or intestate proceeding but should be ventilated in a separate action.

Exception: To determine whether said property should be included in the inventory or list of properties to be administered by the administrator, the court may make a provisional determination. Such determination is provisional and not conclusive and is subject to the final decision in a separate action regarding ownership which may be instituted by the parties. (Pio Baretto Realty Development, Inc. v. CA, G.R. No. 132362, 2001)

The probate court may decide such question:

• When all parties to such determination are heirs;
• The question is one of collation or advancement;
• When all the parties agree to submit the question to the determination of the courts, and rights of third parties are not impaired. (Coca v. Borromeo, G.R. No. L-27082, 1978)

Powers and Duties of Probate Court.

In probate proceedings, the court:

• Orders the probate of the will of the decedent (R7, S1)
• Grants letters of administration of the party best entitled thereto or to any qualified applicant (R79, S5)
• Supervises and controls all acts of administration; hears and approves claims against the estate of the deceased (R86, S11)
• Orders payment of lawful debts (R88, S11)
• Authorizes sale, mortgage or any encumbrance of real estate (R89, S7)
• Directs the delivery of the estate to those entitled thereto (R90, S1)
• Issues warrants and processes necessary to compel the attendance of witnesses or to carry into effect their orders and judgments, and all other powers granted them by law (R73, S3); an
• If a person defies a probate order, it may issue a warrant for the apprehension and imprisonment of such person until he performs such order or judgment, or is released. (R73, S3)

The court acts as trustee, and as such, should jealously guard the estate and see to it that it is wisely and economically administered, not dissipated. (Timbol v. Cano, G.R. No. L-15445, 1961)

The authentication of a will decides only those that touch upon the capacity of the testator and the compliance with those requisites or solemnities that the law prescribes for the validity of wills. It does not determine nor even by implication prejudge the validity or efficiency of the provisions; the questions relating to these points remain entirely unaffected, and may be raised even after the will has been authenticated. (Teotico v. del Val, G.R. No. L-18753, 1965)

A trial court cannot make a declaration of heirship in an ordinary civil action because matters related to the rights of filiation and heirship must be ventilated in a special proceeding for the purpose of determining such rights (Bayagas v. Bayagas, G.R. Nos. 187308 & 187517, 2013)

Probate Proceeding is a Proceeding In Rem

The probate of a will is a proceeding in rem because it binds the whole world by virtue of the publication of the petition. Publication is notice to the whole world that the proceedings have for its object to bar indefinitely all who might be minded to make an objection of any sort against the right sought to be established, including the State. (Alaban v. CA, G.R. No. 156021, 2005)

A probate decree finally and definitively settles all questions concerning capacity of the testator and the proper execution and witnessing of his last will and testament, irrespective of whether its provisions are valid and enforceable or otherwise. (Fernandez v. Dimagiba, G.R. No. L-23638, 1967).

To establish conclusively as against everyone and once for all, the facts that a will was executed with the formalities required by law and that the testator was in a condition to make a will, is the only purpose of the proceedings for the probate of a will . (Sumilang v. Ramagosa, G.R. No. L-23135, 1967).

Probate is Mandatory

The law enjoins the probate of the will and public policy requires it, because unless [it] is probated and notice thereof given to the whole world, the right of a person to dispose of his property by Will may be rendered nugatory. (Maninang v. CA, G.R. No. L-57848, 1982).

The heirs may only validly partition the estate only after the will has been probated. (Ralla v. Untalan, G.R. Nos. L-63253-54, 1989; Union Bank v. Santibanez, G.R. No. 149926, 2005).

It is mandatory as no will shall pass either real or personal property unless proved and allowed in accordance with the Rules. (Rule 75, Sec. 1)

Not limited to instruments not designated as wills

A donation mortis causa must comply with the formalities required for the validity of wills. Even if the donation did follow the prescribed formalities on the law on wills, it must still be presented and admitted to probate before rights may arise therefrom. (Aluad v. Aluad, G.R. No. 176943, 2008).

Probate is Imprescriptible

This proceeding cannot be dispensed with and substituted by another proceeding, judicial or extrajudicial, without offending public policy. It is imprescriptible, because it is required by public policy and the state could not have intended to defeat the same by applying thereto the statute of limitation of actions. (Guevara v. Guevara, G.R. No. L-5405, 1956)

Executor of the Will

A person named as executor in the will shall present such will to the court having jurisdiction and signify to the court in writing his acceptance or refusal of the trust:

• Within twenty (20) days after he knows of the death of the testator; or
• Within twenty (20) days after he knows that he is named executor IF he obtained such knowledge after the death of the testator. (R75, S3)

A custodian or an executor who neglects such duty without satisfactory excuse shall be fined not exceeding two thousand pesos (P2,000). (R75, S4)

A person having custody of the will who neglects to deliver the same without reasonable cause when ordered to do so may be committed to prison until he delivers the will. (R75, S5)

The proceedings under Sec. 4 and Sec. 5 are independent of each other; when a person is sought to be committed to prison for violation of Sec. 5, the court cannot impose the penalty of find based on Sec. 4 as additional penalty. (United States v. Guimco, G.R. No. 12184, 1917).

Mandamus cannot be availed of to compel another person to produce the will of the deceased, there being another plain, speedy and adequate remedy in the ordinary course of law. In that case, the person asking for mandamus had a photocopy of the will. Thus, according to the SC, he may avail of the remedies under Rule 75 of the Rules of Court. (Uy Kiao Eng v. Lee, G.R. No. 176831, January 15, 2010).

Who may petition for probate; persons entitled to notice

Contesting a Will

In order that a person may be allowed to intervene in a probate proceeding, he must have an interest in the estate, or in the will, or in the property to be affected by it either as executor or as a claimant of the estate. (Sumilang v. Ramagosa, G.R. No. L-23135, 1967)

Executor

The person named in the will to administer the decedent’s estate and carry out the provisions thereof.