Rule87

RULE 87

ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS

SECTION 1

Actions which may and which may not be brought against executor or administrator.

ACTIONS THAT MAY BE BROUGHT DIRECTLY AGAINST THE EXECUTOR AND ADMINISTRATOR:

Recovery of real/personal property or any interest therein from the estate.

Enforcement of a lien thereon. Action to recover damages arising

from tort.

ACTIONS THAT MAY NOT BE BROUGHT AGAINST EXECUTOR OR ADMINISTRATOR:

Claims for the recovery of money debt interest

SECTION 2

Executor or administrator may bring or defend actions which survive.

ACTIONS MAY BE BROUGHT BY THE EXECUTOR OR ADMINISTRATOR

Recovery or protection of the property or rights of the deceased, action for causes which survive.

SECTION 3

Heirs may not sue until share assigned.

HEIRS MAY NOT SUE UNTIL SHARE ASSIGNED

Before distribution is made or before any residue is known, the heirs and devisees have no cause of action against the executor or administrator for recovery of the property left by the decedent.

SECTION 4

Executor or administrator may compound with debtor.

EXECUTOR OR ADMINISTRATOR MAY COMPOUND WITH DEBTOR

With the approval of the court, an executor or administrator may compound with the debtor of the deceased for a debt due, and may give a discharge of such debt on receiving a just dividend of the estate of the debtor.

SECTION 5

Mortgage due estate may be foreclosed.

There is no need of a special authority from the court for the administrator or executor to bring an action for foreclosure on behalf of the estate.

SECTION 6

Proceedings when property concealed, embezzled, or fraudulently conveyed.

GENERAL RULE: (SEC. 6)

The probate court has no authority to decide whether or not the properties belong to the estate or to the person being examined since probate courts are courts of limited jurisdiction.

Exceptions: Provisional

determination of ownership for inclusion in the inventory;

Submission to the court’s jurisdiction.

SECTION 7

Person entrusted with estate compelled to render account.

SECTION 8

Embezzlement before letters issued.

EMBEZZLEMENT BEFORE LETTERS ISSUED

The responsible person shall be liable to an action in favor of the executor or administrator of the estate for double the value of the property sold.

SECTION 9

Property fraudulently conveyed by deceased may be recovered. When executor or administrator must bring action.

REQUISITES: (SEC. 9)

1. Application of the creditors;2. Payment of cost and expenses; and3. Give security therefore to the executor

or administrator.

SECTION 10

When creditor may bring action. Lien for costs.

REQUISITES FOR CREDITOR TO FILE ACTION

1. There is a deficiency of assets in the hands of an executor or administrator for the payment of debts and expense of administration;

2. In his lifetime, the deceased had made or attempted to make a fraudulently conveyance of his property or had so conveyed such property that by law, the conveyance would be void as against his creditors;

3. The subject of the attempted conveyance would be liable to attachment in his lifetime;

4. The executor or administrator has shown no desire to file the action or failed to institute the same within a reasonable time;

5. Leave is granted by the court to the creditor to file the action;

6. A bond is filed by the creditor;7. The action by the creditor is in the name of

the executor or administrator.

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