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RULE 82

REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION AND REMOVAL OF EXECUTORS AND ADMINISTRATORS

 

Prepared by: Edward Agravante

 

 

     žIf after letters of administration have been granted on the state of the decedent as if he had died intestate, his will is allowed and ruled by the court, the letters of administration shall be revoked and all powers thereunder cease, and render his account within such time as the court may direct.

 

ž    The discovery of a will does NOT ipso facto nullify the letters of administration already issued until the will has been proved and allowed pursuant to Rule 82 Sec. 1 . (De Parreno vs. Aranzanso, GR No. L-27657, Aug. 30, 1982)

 

 

RESIGNATION OR REMOVAL OF EXECUTOR/ ADMINISTRATOR (SEC. 2)

 

žGrounds

 

1.Neglect to render accounts; (w/in 1 YEAR or when the courts directs);

2.Neglect to settle estate according to these rules;

3.Neglect to perform an order or judgment of the court or a duty expressly provided by these rules; 

4. Absconding; or

5. insanity or incapability or unsuitability to discharge the trust. (Sec. 2)

 

Note: These grounds are EXCLUSIVE.

 

 

    Lawful acts of an administrator or executor before the revocation, resignation, or removal are valid unless proven otherwise. (Sec. 3)

 

 

POWERS OF NEW EXECUTOR OR ADMINISTRATOR (Sec. 4)

 

1.Collect and settle the state not administered;

2.Prosecute or defend actions commenced by or against the former executor or administrator; and

3.Recover execution on judgments in the name of former executor or administrator.

 

 

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See IN THE MATTER OF THE INTESTATE ESTATE OF THE LATE JULIANA REYES,PAULINA SANTOS DE PARREÑO vs. GREGORIA ARANZANSO, G.R. No. L-27657