BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
RULE 78
LETTERS TESTAMENTARY AND OF ADMINISTRATION, WHEN AND TO WHOM ISSUED
SECTIONS 1-6
Letter Testamentary - Appointment issued by a probate court after the will has been admitted to probate to the executor named in the will to administer the estate of the deceased testator, provided the executor named in the will is competent, accepts the trust and gives a bond.
Letters of Administration - Appointment issued by the probate court to a person other than the executor named in the will or if the person left no will.
Who are incompetent to serve as executors or administrators?
EXECUTOR– person named in the will to administer decedent’s estate to carry out provisions thereof
ADMINISTRATOR– person appointed by the court to administer the estate
Administrator need not be an heir – can be a stranger to the deceased, such as a creditor.
SECTION 1. Grounds for Incompetence
1. Minority
2. Non-residence
3. Unfitness
a. drunkenness
b. incompetence
c. want of understanding
d. want of integrity
e. conviction of offense involving moral turpitude
(anything done contrary to justice, honesty, good morals)
SECTION 2. Executor of Executor not to administer estate
The executor of an executor shall not, as such, administer the estate of the first testator.
SECTION 3. Married women may serve
A married woman may serve as an administrator and marriage shall not affect her authority to serve under a previous appointment.
SECTION 4. Letters testamentary issued when will allowed
When a will has been proved or allowed, the court shall issue letters testamentary thereon to the person named as executor therein, if he is competent, accepts the trust and gives bond.
SECTION 5. Where some co-executors disqualified others may act.
When all the executors named in the will can not act because of incompetency, refusal to accept the trust or failure to give bond, on the part of one or more of them, letters testamentary may issue to such of them as are competent, accept and give bond and they may perform the duties and discharge the trust required by the will.
SECTION 6. Order of preference in appointment of administrator
1. surviving spouse – partner in conjugal partnership and heir of deceased
2. next of kin
3. person requested by spouse or next of kin
4. principal creditors
a. if spouse or next of kin is incompetent or unwilling
b. neglects for 30 days after death of decedent to apply for administration, or to request that administration be granted to some other person
5. other person selected by court – if no creditor competent or willing.