Modes of settling deceased's estate
There are two modes: extrajudicial settlement and judicial settlement. Obviously, extrajudicial settlement happens without the court's intervention while judicial settlement happens under the auspices of the court.
In case of extrajudicial partition, it depends on the number of heirs. If there is only one heir, only an affidavit of self-adjudication. If there are two or more hairs, a deed of extrajudicial settlement or a deed of partition is required.
In case of judicial partition, four things may happen. First, there may be a partition in accordance with Rule 69. Second, there may be a summary settlement of estate of small value. Third, there may be a petition for letters of administration. Fourth, there may be a probate of wills. In the probate of wills, there may be a petition for letters testamentary or, if no executor is named in the will, a petition for letters of administration with the will annexed.
In case of extrajudicial partition, it depends on the number of heirs. If there is only one heir, only an affidavit of self-adjudication. If there are two or more hairs, a deed of extrajudicial settlement or a deed of partition is required.
In case of judicial partition, four things may happen. First, there may be a partition in accordance with Rule 69. Second, there may be a summary settlement of estate of small value. Third, there may be a petition for letters of administration. Fourth, there may be a probate of wills. In the probate of wills, there may be a petition for letters testamentary or, if no executor is named in the will, a petition for letters of administration with the will annexed.