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    Avelino V CA Digest

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    PJ Hong
    Maria petitioned to be administrator of her father's estate after he died intestate. The other heirs moved to convert it to a partition case. The court allowed partition over Maria's objection. On appeal, the Court of Appeals affirmed. The Supreme Court also affirmed, holding that when there are no outstanding debts or obligations, heirs can divide the estate through extrajudicial settlement or judicial partition, even if one heir objects, as the more expedient remedy. As long as debts are paid, heirs immediately inherit rights to the property and may partition it without delay.

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    Avelino V CA Digest

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    PJ Hong
    622 views1 page
    Maria petitioned to be administrator of her father's estate after he died intestate. The other heirs moved to convert it to a partition case. The court allowed partition over Maria's objection. On appeal, the Court of Appeals affirmed. The Supreme Court also affirmed, holding that when there are no outstanding debts or obligations, heirs can divide the estate through extrajudicial settlement or judicial partition, even if one heir objects, as the more expedient remedy. As long as debts are paid, heirs immediately inherit rights to the property and may partition it without delay.

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    Avelino+v+CA+Digest

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    Maria petitioned to be administrator of her father's estate after he died intestate. The other heirs moved to convert it to a partition case. The court allowed partition over Maria's objection. On appeal, the Court of Appeals affirmed. The Supreme Court also affirmed, holding that when there are no outstanding debts or obligations, heirs can divide the estate through extrajudicial settlement or judicial partition, even if one heir objects, as the more expedient remedy. As long as debts are paid, heirs immediately inherit rights to the property and may partition it without delay.

    Copyright:

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    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    622 views1 page

    Avelino V CA Digest

    Uploaded by

    PJ Hong
    Maria petitioned to be administrator of her father's estate after he died intestate. The other heirs moved to convert it to a partition case. The court allowed partition over Maria's objection. On appeal, the Court of Appeals affirmed. The Supreme Court also affirmed, holding that when there are no outstanding debts or obligations, heirs can divide the estate through extrajudicial settlement or judicial partition, even if one heir objects, as the more expedient remedy. As long as debts are paid, heirs immediately inherit rights to the property and may partition it without delay.

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    of 1

    MARIA SOCORRO AVELINO, petitioner, vs.

    COURT OF APPEALS, ANGELINA


    AVELINO, SHARON AVELINO, ANTONIO AVELINO, JR., TRACY AVELINO,
    PATRICK MICHAEL AVELINO and MARK ANTHONY AVELINO, respondents. [G.R.
    No. 115181. March 31, 2000]
    Facts: Antonio Avelino Sr. died intestate. His daughter, Maria, petitioned the court to
    issue to her letters administration. The other heirs, (the Respondents), moved to
    convert Marias petition into an action for judicial partition. The court granted the
    respondents motion and allowed partition on the ground that it was only one heir
    (Maria) who was opposed to the partition. CA affirmed.
    Issue: Whether partition was proper considering that one heir was opposed to the
    partition?
    Held: Yes. The heirs succeed immediately to all of the rights and properties of the
    deceased at the moment of the latter's death. Section 1, Rule 74 of the Rules of Court,
    allows heirs to divide the estate among themselves without need of delay and risks of
    being dissipated. When a person dies without leaving pending obligations, his heirs, are
    not required to submit the property for judicial administration, nor apply for the
    appointment of an administrator by the court.
    Since the decedent left no debts and the heirs and legatees are all of age it is (our) view
    that Section 1, Rule 74 of the Rules of Court1 should apply.
    As to the contention that the extent of the estate has yet to be determined, this can be
    done in the partition proceedings.
    In cases where the heirs disagree as to the partition of the estate and no extrajudicial
    settlement is possible, then an ordinary action for partition may be resorted to, as in this
    case. We have held that where the more expeditious remedy of partition is available to
    the heirs, then the heirs or the majority of them may not be compelled to submit to
    administration proceedings.

    SECTION 1. Extrajudicial settlement by agreement between heirs. - If the decedent left no will and no
    debts and the heirs are all of age or the minors are represented by their judicial or legal representatives
    duly authorized for the purpose, the parties may, without securing letters of administration, divide the
    estate among themselves as they see fit by means of a public instrument filed in the office of the register
    of deeds, and should they disagree, they may do so in an ordinary action of partition.

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