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Philippine Bar review · Question

Practice question: Payment of Debts of the Estate (Rule 88)

Multiple Choice Medium

Practice question

The estate's undisposed personalty is insufficient to pay allowed debts. The administrator proposes selling estate realty to meet the shortfall without seeking court authority. Which is correct under Rule88 §3?
  1. Insufficiency automatically creates unrestricted private sale power.
  2. Every heir's consent is a substitute for all court procedure.
  3. The administrator may seize any third-party land.
  4. The Rule permits necessary real-estate disposition only through the required court authority and applicable safeguards.
  5. The debts must automatically be canceled.

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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