Philippine Bar review · Question

Practice question: Summary Settlement (Rule 74)

Multiple Choice Hard

Practice question

All current Section2 eligibility and jurisdictional requirements are stipulated. The judge considers a will, identifies the proper participants, hears debts, and directs distribution without appointing a general administrator. An heir claims the absence of that appointment alone voids everything. Which is best?
  1. The objection fails on that ground alone because Section2 expressly authorizes this summary route
  2. Every estate requires a general administrator despite Section2
  3. The heir’s objection automatically nullifies the will
  4. No court can determine heirs without a general administrator
  5. Distribution is valid even if every mandatory notice was omitted

Legal references

  • Rule74 Section2: https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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