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    Rule 86

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    Chezka Bianca Torres
    The document discusses rules regarding claims against an estate in probate court. It states that notice must be given to creditors to file claims within 6 to 12 months of the first notice publication. Claims can be filed up to one month later only if cause is shown. The court may allow late claims up to the date of distribution order under equitable terms. Money claims must be those the decedent was liable for before death.

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    Rule 86

    Uploaded by

    Chezka Bianca Torres
    37 views2 pages
    The document discusses rules regarding claims against an estate in probate court. It states that notice must be given to creditors to file claims within 6 to 12 months of the first notice publication. Claims can be filed up to one month later only if cause is shown. The court may allow late claims up to the date of distribution order under equitable terms. Money claims must be those the decedent was liable for before death.

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    RULE 86

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    The document discusses rules regarding claims against an estate in probate court. It states that notice must be given to creditors to file claims within 6 to 12 months of the first notice publication. Claims can be filed up to one month later only if cause is shown. The court may allow late claims up to the date of distribution order under equitable terms. Money claims must be those the decedent was liable for before death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views2 pages

    Rule 86

    Uploaded by

    Chezka Bianca Torres
    The document discusses rules regarding claims against an estate in probate court. It states that notice must be given to creditors to file claims within 6 to 12 months of the first notice publication. Claims can be filed up to one month later only if cause is shown. The court may allow late claims up to the date of distribution order under equitable terms. Money claims must be those the decedent was liable for before death.

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    RULE 86 – CLAIMS AGAINST ESTATE previously limited, the court may, for cause

    shown and on such terms as are equitable, allow


    Section 1. Notice to creditors to be issued such claim to be filed within a time not exceeding
    by court. — Immediately after granting letters one (1) month.
    testamentary or of administration, the court shall
    issue a notice requiring all persons having money Annotations and Cases
    claims against the decedent to file them in the (1) Section 2 of Rule 86 is commonly termed
    office of the clerk of said court. the Statute of Non-Claims.
    (2) The object of the law in fixing a definite
    Annotations and Cases period within which claims must be
    (1) The filing of a money claim against the presented is to insure the speedy
    decedent’s estate in the probate court is settling of the affairs of a deceased
    mandatory. (Union Banks of the Phils vs person and the early delivery of the
    Santibanez, 452 SCRA 228) property of the estate into the hand
    of the persons entitled to receive it.
    (2) Money claims mean debts or demands of a (Santos vs Manarang 27 Phil 209)
    pecuniary nature which could have been
    enforced against the deceased in his lifetime (3) Initial filing of money claims against the
    and could have been reduced to simple estate must be within 6 months to 12
    money judgments. (Gutierrez vs Barreto- months from date of first publication
    Datu, 5 SCRA 751) of notice to file claims against the
    estate/notice to creditors.
    (3) Money claims are only those claims which
    are proper against the decedent, that is, Extension is 1 month from expiration
    claims upon a liability contracted by the of the original period fixed by the rules
    decedent before his death. Accordingly, for the presentation of claims but in no
    claims arising after his death cannot be case beyond the date of entry of the
    presented, except funeral expenses (Gabin order of distribution. (Vda de Danan vs
    vs Melliza 84 Phil 794) Buencamino, No. L-57205 December 14
    1981 110 SCRA 352)
    (4) It is the executor or regular administrator
    who is supposed to oppose the claims OR
    against the estate and to pay such claims
    when duly allowed. (Balanay Jr vs Martinez, 1 month from receipt of the order
    64 SCRA 452) authorizing the filing of late claims
    against the estate, and not from the
    (5) The purpose of presentation of claims expiration of the original period fixed by
    against decedents of the estate in the the court for the presentation of claims
    probate court is to protect the estate of (Barredo vs CA No L-17863 November 28
    deceased persons. That way, the executor 1962, 6 scra 620; De Rama vs Palileo 13
    or administrator will be able to examine each SCRA 228)
    claim and determine whether it is a proper
    one which should be allowed. Further, the (4) Money claims against the estate may be
    primary object of the provisions requiring allowed any time before an order of
    presentation is to apprise the distribution is entered at the discretion of
    administrator and the probate court of the court for cause and upon such terms
    the existence of the claim so that a power as are equitable. (Echaus vs Blanco 179
    and timely arrangement may be made for its SCRA 704)
    payment in full or by pro-rata portion in the
    due course of the administration, inasmuch (5) It is quite true that the courts can extend
    as upon the death of a person, his entire the period within which to present claims
    estate is burdened with the payment of all against the estate, even after the period
    his debts and no creditor shall enjoy any limited has lapsed, but such extension
    preference or priority. All of them shall could only be granted under special
    share pro-rata in the liquidation of the estate circumstances. (De Vilanueva vs PNB, 9
    of the deceased. (Estate of Amadeo Matute SCRA 145)
    Olave vs Reyes, 123 scra 767)
    Absent any showing of excusable
    negligence, unavoidable mistake,
    Section 2. Time within which claims shall be accident or fraud warranting the
    filed. — In the notice provided in the preceding interposition of a court of equity, the
    section, the court shall estate the time for the claims may no longer be allowed.
    filing of claims against the estate, which shall not (Villanueva vs Ramos 161 SCRA 363)
    be more than twelve (12) not less than six (6)
    months after the date of the first publication of (6) It bears note, however, that when the
    the notice. However, at any time before an order monetary claim against the
    of distribution is entered, on application of a administrator has a relation to his
    creditor who has failed to file his claim within the acts of administration in the ordinary
    course thereof, such claims can be
    presented for payment with the court
    where a special proceeding for the
    settlement of estate is pending,
    although said claims were not
    incurred by the deceased during his
    lifetime and collectible after his
    death. (Quirino vs Grospe, 169 SCRA
    720)
    (7)

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