Sec.
3 When does the powers of special
administrator Ceases?
- When letters testamentary or letters of
administration appoints an
executor/administrator the powers of an SA
shall cease
What happens to the effects received by the SA?
- It shall be transferred to the appointed
executor or administrator - all the goods,
chattel, money, estate (GCME) of the
deceased shall be transferred
What of pending suits?
- The exec/admin shall prosecute pending suits
until final judgment
Court may appoint or remove special
administrators, as long as the said
discretion is exercised without grave
abuse, higher courts will not interfere
with it.
The special administrator is an officer of
the court who is subject to its
supervision and control who shall work
for the best interest of the estate
especially with respect to its smooth and
earliest settlement
RULE 81 BONDS of EXEC/ADMIN
Sec. 1.
Is it Necessary to give a bond before an
executor/administrator? Why? for what
purpose?
Yes. To ensure that the executor or administrator
does the condition imposed on him by the court,
which are as follows: M-A-R-P
a. (M)ake and return a true and complete
inventory of the estate(those in his
physical possession and those which
came to his knowledge) of the decedent,
including GCME. within 3 months.
b. (A)dminister according to the will, and to
pay the debts, legacies, and charges on
the same, as may be decreed by the
courts
c. (R)ender true and just account of his
administration to the court when? at
within one year from appointment, or
when anytime required by the courts
d. (P)erform all orders of the court
The administrators standard of responsibility
is that of a bailee. How?
a) As he will be held personally liable to
those interested in the estate
b) As long as he acts in good faith, the
administrator cannot be held
responsible for business losses.
Sec. 2 Bond of executor where directed in will.
When further bond required.
Can the testator not request the executors to
serve without bond?
- Yes, if the testator in his will directs that the
executor shall serve:
a) Without a bond
b) Only with his individual bond
(requires the executor to give a
bond on the condition that the
executor shall pay the decedents
debts_
How about the court requiring the executor to
furnish further bond?
Yes, in case of change in his circumstance sds
, or for other sufficient case
Sec. 3 Bonds of Joint Executors and
Administrators.
 When there are two or more executors
or administrators, the court may require
a:
a) Separate bond from each; or
b) Joint bond from all
Sec. 4 Bond of Special Administrator
The SA shall furnish a bond, conditioned
that he will: Ma-Tru-Del
a) Make and return a true inventory of
the estate in physical possession and in
knowledge
b) Truly account for the decedents estate
received by him
c) Deliver the same to the person
appointed by the court as
Exec/Admin/other person as may be
authorized to receive them
RULE 82
REVOCATION OF ADMINISTRATION, DEATH,
RESIGNATION, AND REMOVAL OF EXECUTORS
OR ADMINISTRATORS
Sec. 1 Administration is revoked if will is
subsequently discovered.
What happens to the administration
proceedings upon the subsequent discovery of a
will?
1. All powers under the letters of
administration cease
2. The administrator shall then surrender
the LOA to the court
3. The administrator shall render his
account within the time given by the
court
4. Proceedings for issuance of letters
testamentary shall then commence
What are the instances when the court may
revoke the letters of administration?
1. When the decedents will is discovered
and admitted to probate
2. When the LOA are illegally issued or
issued without jurisdiction
Does the discovery of the will ipso facto nullify
the LOA?
No, mere discovery shall not be sufficient to
nullify the LOA, the will must be discovered and
later probated and allowed by the court.
Sec. 2
May the court remove or accept resignation of
executor or administrator? On what grounds?
RePeAbBeCo
1. Neglects to render his account and settle
the estate according to law
2. Neglect to perform an order or judgment
of the court, or a duty expressly provided
by the ROC
3. Abscond
4. Becomes insane or otherwise incapable
to discharge trust
5. If the court loses confidence in him, by
acts where: DAFI
a. An administrator who disbursed
(spent) funds of the estate without
judicial approval
b. False representation by an
administrator in securing his
appointment
c. Administrator has an adverse
interest (due to hostility)
d. Administrator who has the physical
inability to manage the estate
The RAPBeC-DAFI is only applicable as to
regular administrators, as the court
exercises wider latitude in the removal
of a special administrator.
Who may ask for the removal of the
administrator?
Jurisprudence provides that a creditor (even a
contingent one)