Practice question
Living co-owners with no deceased estate to administer bring a proper Rule69 partition suit. One calls it probate solely because the judgment will allocate property. Which distinction controls?
- Partition of living co-owners’ property is a special civil action, not automatically estate administration
- Every allocation of property is probate
- Only a will can authorize partition
- A living owner must obtain letters of administration
- All property actions are ordinary collections
Legal references
- Rules of Court Rules1,62–63,67 and69: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Rules of Court special proceedings, estate-settlement classification: https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html
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