Practice question
A creditor holds an ordinary contractual money claim against the decedent and starts a fresh collection action against the administrator solely to avoid the estate notice deadline. No applicable exception is shown. Which is best?
- Changing the caption necessarily avoids Rule86
- The claim must follow the estate-claim procedure rather than evade it through a fresh debt action
- Rule87 authorizes every fresh contractual debt suit
- The administrator automatically becomes personally liable for every decedent debt
- All estate claims are automatically forgiven at death
Legal references
- Rule86 Section5; Rule87 Section1: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
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