A. Settlement of Estate of Deceased Persons

Intervention is not a matter of right but is left to the trial court’s sound discretion.

The trial court must also take into consideration the delay and consequent prejudice to the original parties that the intervention will cause. In the settlement of a deceased’s estate, Sec. 1 of Rule 73 of the Rules of Court provides, “The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts.” Another reason in disallowing the intervention in a probate proceeding is the legal precept that an independent controversy cannot be injected into a suit by intervention. (Tirol v. Nolasco, GR No. 230103, 2020)

Consolidation of Proceedings

If separate proceedings have been instituted for each estate, both proceedings may be consolidated if they were filed in the same court. (Bernardo v. CA, G.R. Nos. 111715 & 112876, 2000)

Probate Courts

Courts whose basic jurisdiction is to administer justice in matters relating to decedent states.

Probate Jurisdiction

Jurisdiction is limited and it includes only matters relating to the settlement of estates and the probate of wills of persons, particularly:

• Administration of the decedent's estate;
• Payment of his debts;
• Questions as to collation or advancements to the heirs;
• Liquidation of the conjugal partnership; and
• Partition and distribution of the estate.

It also extends to matters incidental and collateral to the exercise of a probate court's recognized powers such as selling, mortgaging or otherwise encumbering realty belonging to the estate. (Heirs of Sandejas v. Lina, G.R. No. 141634, 2001)

Reconveyance based on implied trust

An heir who is deprived of his share in the estate since he did not participate, take part, or had no notice of the settlement of the estate may file an action for reconveyance within 10 years, which is based on an implied or constructive trust. (Teves v. CA, G.R. No. 109963, 1999)

Duties/Powers of the Special Administrator

• Possession and charge of the goods, chattels, rights, credits and estate of the deceased;
• Preserve the same;
• Commence and maintain suit for the estate;
• Sell only perishable property ordered by the court;
• Pay debts only as may be ordered by the court;
• Make a true inventory and appraisal of all real/personal property of decedent within three (3) months after his appointment (except clothes of family, marriage bed, and other articles for subsistence of family);
• Render a true and just account of his administration within one (1) year of appointment;
• Perform all orders by the court;
• Give allowance to legitimate surviving spouse or children of the decedent if the court decrees such (grandchildren are not entitled);
• Deliver property he received to person appointed as executor or administrator or to such other person as may be authorized by the court.

When Powers of Special Administrator Cease

When letters testamentary or of administration are granted and questions causing the delay are resolved, on the estate of the deceased, the powers of the special administrator shall cease.

He shall then deliver to the executor or administrator the goods, chattels, money, and estate of the deceased in his hands. The executor or administrator may prosecute to final judgment suits commenced by such special administrator.