Just

In: English and Literature

Submitted By jerryuy
Words 330
Pages 2
SPECIAL PROCEEDINGS 1. INTRODUCTION1. Definition of terms: 1. Special proceeding: A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact 2. .2. Probate: Probate is a special proceeding to establish the validity of a will. No will passes property unless it is probated by a court. Probate is mandatory. It is in rem
.Hence, the court is also called a probate court. But a probate court also includes a court that presides over probate proceedings which can generally refer to the settlement of the estate of a deceased person with or without a will
.3. Reprobate: Reprobate is a special proceeding to establish the validity of a will proved in a foreign country
.4. Legacy: A legacy is a bequest of personal property in a will to a person called the legatee
.5. Devise: A devise is a bequest of real property in a will to a person called the devisee.
6. Testate Estate
Testate estate refers to an estate of a deceased person which is settled or to be settled with the last will and testament of that deceased person called the testator.
7. Intestate Estate: Intestate estate refers to the estate of a deceased person without a will. The estate is settled by the laws of intestacy provided in the Civil Code
.8. Executor: An executor is the person named in the will who is entrusted to implement its provisions. But the executor needs to be issued letters testamentary after the court determines his or her qualifications. A female executor is calledexecutrix.9. Administrator: An administrator is the person entrusted with the care, custody and management of the estate of a deceased person until the estate is partitioned and distributed to the heirs, legatees and devisees, if any. A female administrator I s called administratrix
.9.1 The court issues letters of administration to a person after s/he qualifies in the sound…...

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