Rule 78 LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN AND TO WHOM ISSUED
Rule 83 discussion
1. SPECIAL PROCEEDINGS
RULE 83
INVENTORY AND APPRAISAL
PROVISION FOR THE SUPPORT OF FAMILY
Section 1. Inventory And Appraisal To Be Returned With Three Months.
Within three months after his appointment every executor or
administrator shallreturn to the court a true inventory and appraisal
of all the real and personal estate of the deceased which has come
into his possession orknowledge.In the appraisementof such estate,
the courtmay order one or more of the inheritance tax appraisers to
give his or their assistance.
As expresslyprovide that after three (3) months after his appointment
an executor or administrator must return to the court a true inventory
and appraisal of all the real and personal estate of the deceased
which come into his possession or knowledge.
Three month period in rule is not mandatory. The delay in filing of
inventory if not satisfactorily explained by the administrator may be a
ground for removal of appointment.
Section 2. Certain Articles Not To Be Inventoried.
The wearingapparelof the surviving husband or wife and minor
children, children, the marriage bed and bedding, and such
provisions and other articles as will necessarily be consumed in the
subsistence of the family of the deceased, under the direction of the
court,shall not be considered assets nor administered as such, and
shall not be included in the inventory.
The wearing apparel of the surviving husband or wife and minor
children including conjugal bed bedding and such provisions and
other articles as will necessarily consumed for the subsistence of the
family of the deceased shall not be included in the inventory.
Property claimed by a third person may be included in the inventory
as part of the assets of the estate and the probate court may order
2. such inclusion, but such order is only prima facie determination and
does not preclude the claimants from maintaining an ordinary civil
action for the determination of title.
Article 3. Allowance To Widow and Family.
The widow and minor or incapacitated children of a deceased
person, during the settlement of the estate, shall receive therefrom,
under the direction of the court, such allowance as are provided by
law.
If the cash in the possession of the administatrix is sufficient for the
monthly allowance being paid to the heirs the court may not order the
sale of property of the deceased.
During the settlement of the estate of the deceased, the widow and
minor or incapacitated children of the deceased, shall receive
therefrom under the direction of the court, such allowance as are
provided by law
The support should not be limited to the minor or incapacitated
children as provided in Article 133 of the Family Code that regardless
of their age, civil status or gainful employment are entitled to
provisional support from the funds of the estate.
Grandchildren is not included in the provision for the support of the
deceased.