ArticuLaw Primo

RULE 84

GENERAL POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS

 

Prepared by: Rolando Bautista

 

 

Question: What are the powers and duties of the Executor or Administrator?

 

Answer:

a. To have access to examine and take copies of books and paper relating to the partnership in case of a deceased partner.

b. To examine and make invoices of the property belonging to the partnership in case of a deceased partner.

c. To make improvements on the properties under administration with the necessary court approval except for necessary               repairs.

d. To possess and manage the estate when necessary

                        -  for the payments of debts and

                        -  for payment of expenses of administration

e. To maintain in tenantable repairs houses, and other structures and fences and to deliver the same in such repair to the                 heirs and devisees when directed so to do by the court.

 

Question: What are the restrictions on the powers of Administrator/Executor?

 

Answer:

The administrator or executor cannot:

 

1. Acquire by purchase, even at public or judicial auction either in person or mediation of another, the property under                     consideration

2.  Borrow money without authority of the court.

3. Speculate with funds under administration.

4. Lease the property for more than one year.

5. Continue the business of the deceased unless authorized by the court.

6. Profit by the increase or decrease in the value of the property under consideration

 

Duty of the Executor or administrator to keep buildings in repair

 

            An executor or administrator shall maintain in tenantable repairs the houses and other structures and fences belonging to the estate and deliver the same in such repair to the heirs or devisee, when directed so to do by the court.

 

Duty of the Executor or administrator to retain the whole estate to pay debts and to administer estate not willed.

 

            An executor or administrator shall have the right to the possession and management of the real as well as personal estate of the deceased so long as it is necessary for the payment of the debts and the expenses of administration.

           

         An administrator of an intestate cannot exercise the right of legal redemption over a portion of the property owned in common sold by one of the other co-owners since this is not within the powers of administration. (Caro vs. CA 113 SCRA 10)

 

Note: In the case of Estate of Olave vs. Reyes 123 SCRA 767

 

Where the estate of a deceased person is already the subject of a testate or intestate proceeding, the administrator cannot enter into any transaction involving it without any prior approval of the court.     

 

Also, in the case of Mananquil vs Villegas 189 SCRA 335 

 

The right of an executor or administrator to the possession and management of the real and personal properties of the deceased person is not absolute and can only be exercised so long as it is necessary for the payment of the debts and expenses of administration.  

 

 

To download this lecture, click here

 

See Luz Caro vs. CA and Basilia Vda. De Benito, GR. No. 46001 (March 25, 1982)