ArticuLaw Primo

Rule 83

Inventory and Appraisal Provision for Support of a Family

 

Prepared by: Jaylyn Ammang

 

 

Section 1 : Inventory & Appraisal

 

     Must be made within 3 months from the grant of LETTERS TESTAMENTARY or OF ADMNISTRATION

3-month period is NOT MANDATORY, HOWEVER:

 

•Filing of inventory after the 3-month period does not deprive the court of jurisdiction to approve it

•An administrator’s DELAY in filing inventory may be a gound fro his removal

 

    Approval of inventory is NOT CONCLUSIVE: it is only a provisional inventory of what constitutes the estate

 

    Property claimed by third persons MAY be included in the inventory and this may be approved by the courts but this does not mean that the claimants may no longer file an ordinary action for the determination of title

 

 

SECTION 2. CERTAIN ARTICLES NOT TO BE INVENTORIED

 

- Wearing apparel of the surviving spouse and minor children

- Marriage bed and bedding

- Provisions and other articles as will necessarily be consumed in the subsistence of the family of the              deceased

 

 

SECTION 3. ALLOWANCE TO WIDOW AND FAMILY

 

ALLOWANCE – refers to monetary advances which are subject to collation and are likewise deductible from their share in the estate of the decedent

 

 

   Persons entitled to allowance during proceedings:

 

•Legitimate surviving spouse;

•Children of the decedent

 

NOTE : children need not be minors nor incapacitated in order to be entitled allowance

•Grandchildren, however, are NOT entitled

 

 

NOTE : when liabilities exceed the assets of the estate, his widow and children are not entitled to support pending the liquidation of the estate

 

 

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