Spec Pro Class 2020

SECTION 1. Opposition to issuance of letters testamentary simultaneous petition for administration

 

• The main issue is the determination of the person who is rightfully entitled to administration

• A petition may be accompanied by a petition for the issuance of letters of administration

• Interested party is one who would be benefited by the estate, such as an heir who has claims against the estate, such as a creditor.  The interest must be direct and not merely indirect and contingent (San Luis v San Luis)

 

 

SECTION 2. Contents of a petition for letters of administration

 

       1. Jurisdictional facts: (DRe)

                a. Death of the testator

                b. His Residence at the time of his death

       2. The Names, ages, residences of heirs and the names and ages of                   creditors;

       3. The probable Value and character of the estate; and

       4. The name of the person for whom Letters are prayed for.

 

 

SECTION 3. Court to set the time for hearing and notice thereof

 

    Duty of the court after filing of a Petition for the Issuance of Letters of Administration it shall:

          1.  Fix the time and place of hearing; and

          2.  Cause the notice of such time and place to be published three (3)                 weeks successively to be given to the known heirs and creditors                   of  the decedent and to any other persons believed to have                           interest to the estate.

 

 

SECTION 4. Opposition to Petition for Administration

 

      Any interested person may by filing a written opposition contest the petition.

 

Grounds for Opposition:

          1. Incompetency of the person for whom letters are prayed; or

          2. Contestant’s own right to the administration.

 

 

SECTION 5. Hearing and order for letters to issue

 

      Before Letters of Administration may be issued it must be first shown that:

          1. Notice as required in Section 3 was given; and

          2. The decedent left no will or there is no competent and willing                        executor

 

SECTION 6. When letters of administration granted to any applicant

 

      If the competent persons having better right to the administration fail to claim their letters when notified.