Practice question
At distribution, no estate fund has been lawfully retained for partition expenses. The court finds no basis for charging those expenses to another available estate fund. One heir insists that all partition costs must automatically come from the administrator's personal salary. Which is correct under Rule90 §3?
- The administrator always bears every cost personally.
- The parties ordinarily bear the expenses proportionately to their shares or interests in the stated setting, with court settlement and allowance.
- The smallest heir must always pay everything.
- No partition expense may ever be collected.
- The creditor with no distributive share must automatically pay.
Legal references
- https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rules88–91 and adult-guardianship Rules92–97, subject to later law and AM03-02-05-SC for minors.
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