Practice question
Before partition, how is a decedent’s estate held when there are two or more heirs under Article 1078?
- Each heir exclusively owns whichever asset the heir first occupies.
- The heirs own the estate in common, subject to payment of the deceased’s debts.
- The eldest heir exclusively owns all real property.
- The estate belongs to the Register of Deeds.
- No heir has any interest until all titles are transferred.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1078–1087 and1091.
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