Practice question
Estate obligations remain unpaid and unprovided for. The proposed distributees offer only a private assurance, without the court-fixed bond contemplated by Rule90 §1. They insist that eagerness to receive shares is enough. Which is correct?
- Heirs' eagerness automatically defeats creditors.
- Any promise is equivalent to the prescribed bond.
- Distribution must occur whenever an heir asks.
- The stated safeguards have not been met; ordinary distribution cannot bypass the obligations on this private assurance alone.
- The administrator may choose which lawful obligations disappear.
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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