Please enable JavaScript.

Coggle requires JavaScript to display documents.

SPECPRO - Meeting 2 - Rule 77 - 84) - Coggle Diagram

- - - - Rule 80 Special Administrator
        
        Rule 81 BOND OF EXECUTORS AND ADMINISTRATORS - Given by executor/administrator BEFORE he may enter into execution of his trust.
        
        Rule 82 REVOCATION OF ADMINISTRATIONS, DEATH, RESIGNATION AND REMOVAL OF EXECUTORS OR ADMINISTRATORS
        
        Rule 83
        
        Question of ownership, how treated
        Munsayac-de Villa v CA 414 S 436
        Heirs of Miguel Franco v CA 418 S 60
        De leon v CA 386 S 216
        
        Provisional support
        GR Nos. 114217, 150797, Oct 13, 2009
        Santera v CFI 153 S 728
        Ruiz v CA 252 S 541
        
        Heirs of Bang v Sy, Authority of Guardianship Court - Generally, the guardianship court exercising special and limited jurisdiction cannot actually order the delivery of the property of the ward found to be embezzled, concealed, or conveyed.
        
        only in extreme cases, where property clearly belongs to the ward or where his title thereto has been already judicially decided, may the court direct its delivery to the guardian.
        
        Under NCC 188, the widow’s allowance is to be taken from the common mass of property forming part of the estate of the decedent.
        
        Hence, the court hearing the settlement of the estate should effect the order to pay Rosita’s allowance from the properties of the estate, not the guardianship court
        
        Inventory Requirement 83.1 - Within 3 months after appointment, executor/administrator shall:
        
        Submit a true inventory of the estate - This covers all properties.
        
        Appraisal of all the real and personal property of the deceased
        
        Rationale - To aid the court in:
        
        Revising the accounts
        
        Determining the liabilities of the executor or administrator
        
        Making a final and equitable distribution (partition) of the estate
        
        Facilitate the administration of the estate
        
        2 more items...
        
        Items not to be Inventoried 83.2 - The:
        
        Wearing apparel of the surviving husband or wife and minor children.
        
        the marriage bed and bedding,
        
        and such provisions and other articles as will necessarily be consumed in the substinence of the family of the deceased,
        
        Under the direction of the court, shall not be considered as assets, nor administered as such, and shall not be included in the inventory.
        
        2 more items...
        
        Q. What is Inventory? - Document that contains appraisal of all real and personal estate of the deceased which has come into his possession or knowledge
        
        Q. Does this refer to properties in the name of the decedent?
        
        A - Yes. This is allowed as 3 month period not mandatory in the sense that does not deprive probate court of jurisdiction.
        
        Q. Explain basis for accountability of inventory
        
        DC because administrator has to account for properties/losses/gains that came into his possession. Thus, there must be beginning inventory as reference point.
        
        those not in the inventory can be acted upon by the administrator, so that it can also be made part of the inventory.
        
        in the end, whatever is in the inventory, court makes determination of w/n it should be part.
        
        Q. Why would they make determination on ownership if not binding?
        
        A- Because they have to determine value of the estate as well as how the estate is to be distributed.
        
        Q. inventory, property not in the name of the decedent, admin suspects part of the estate, should include in the inventory?
        
        Wouldn't there be other remedy i.e., to recover properties under rule 87
        
        DC - You can file concurrently i.e., inclusion in inventory and recovery
        
        Rule 84 General Powers
        
        Sec. 1. Executor or administrator to have access to partnership books and property; How right enforced.
        
        3 more items...
        
        When administration revoked
        
        Effect of revocation
        
        Removal of administrator/executor
        Mendiola v CA 190 S 421
        Gabriel v Ca 212 S 413
        
        Validity of prior acts
        Vda de Bacaling v Laguda 54 S 243
        
        When Revocation of Letters of Administration Proper (82.1) -
        
        When the decedent’s will is discovered and admitted to probate - Mere discovery insufficient. Must be probated as well.
        
        When letters of administration are illegally issued or issued without jurisdiction - Not in 82.1 but, De Leon provides anyway.
        
        Q. How does this take place?
        
        DC - Still a petition, that letters were irregularly issued/without jurisdiction. Because letters presumed valid.
        
        Sir says careful re: probate jurisdiction - Expired ONLY if petition for probate only. If probate + petition for letters, no cessation of authority.
        
        Effects of Revocation -
        
        All powers under the letters of administration cease
        
        The administrator shall surrender the letters to the court
        
        The administrator must render his account within the time given by the court
        
        Proceedings for the issuance of letters testamentary or administration shall follow
        
        Distinguished from Removal of Administrator 82.2 -
        
        Revocation - letters of administration should not have been issued in the first place. Revoked for circumstances or grounds that exist prior to its issuance
        
        Removal - presupposes that letters of administration were lawfully issued. Here, for reasons that occur after the letters are issued which provide sufficient basis to remove the person appointed as administrator
        
        Grounds for Involuntary Removal - Enumeration not exclusive, so long as court loses confidnece in administrator. The determination of a person’s suitability for the office of judicial administrator rests in the sound judgment of the court exercising the power of appointment
        
        Neglect to render one’s account and settle the estate according to law
        
        Neglect to perform an order or judgment of the court, or a duty expressly provided by the Rules of Court
        
        Abscond
        
        Becomes insane or otherwise incapable or unsuitable to discharge the trust
        
        3 more items...
        
        Who may Ask for Removal - jurisprudence provides that a creditor, even a contingent one, has the personality to seek such relief
        
        1 more item...
        
        Acts prior to Removal 82.3 - The lawful acts of an executor or administrator before the revocation of his letters testamentary or of administration, or before his resignation or removal, shall have the like validity as if there had been no such revocation, resignation, or removal.
        
        Rationale - Revocation is to terminate authority. This does not retroact.
        
        3 more items...
        
        Purpose of Bond - for the benefit of the heirs, creditors, and the estate
        
        It answers for the administrator or executor’s failure to fulfill any of the conditions of the bond.
        
        Conditions for Bond -
        
        (a) To make and return to the court, within three (3) months, a true and complete inventory of all goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or knowledge or to the possession of any other person for him;
        
        (b) To administer according to these rules, and, if an executor, according to the will of the testator, all goods, chattels, rights, credits, and estate which shall at any time come to his possession or to the possession of any other person for him, and from the proceeds to pay and discharge all debts, legacies, and charges on the same, or such dividends thereon as shall be decreed by the court;
        
        (c) To render a true and just account of his administration to the court within one (1) years, and at any other time when required by the court;
        
        (d) To perform all orders of the court by him to be performed
        
        Submission of Inventory - First condition of the bond. Submission of true and complete inventory of the decedent's properties that shall comprise the estate.
        
        Contents - must include properties in the administrator’s physical possession and even those that came to the administrator’s knowledge
        
        Disputed Ownership - If another person claims ownership, the court may provisionally rule on the title to the property for purposes of its inclusion or exclusion from the inventory. This title is inconclusive, only for purposes of inclusion in inventory.
        
        Standard of Responsibility of Administrators - Comparable to that of a bailee. Thus, must act honestly and in good faith
        
        Otherwise, becomes personally liable to those interested in the estate for waste, conversion, or embezzlement
        
        Good Faith - As long as there is good faith and the acts are done following the usual rules and methods of conducting business, the administrator cannot be held responsible for business losses
        
        Q. Amount of the Bound?
        
        DC - Amount that the court directs. But, contentious issue. Generally, not equivalent to full amount of the estate.
        
        Q. What is the bond liable for?
        
        DC - 81.4, but may expand as To perform all orders of the court by him to be performed.
        
        Q. Conditions for special admin bond v. Normal admin
        
        DC - Diff conditions, spec admin, accounting and delivery
        
        Q. Opposition of posting of bond? Can creditors?
        
        DC - Yes, but within discretion of the court to set the amount, can oppose on ground of abuse of discretion.
        
        Submission of Further Bond 81.2 -
        
        GR - An executor is required to give a bond conditioned on his performance of the obligations under Rule 81, Sec. 1
        
        XCPN - A provision in the will exempting the named executor from giving a bond
        
        XCPN 2 XCPN - the court may require the executor to give a bond on the condition that the executor shall pay the decedent’s debts
        
        XCPN 2 XCPN - The court also has the discretion to require the executor to give additional bond whenever there is a change in his circumstances or in other sufficient cases
        
        Bonds of Joint Executors 81.3 - When two or more persons are appointed executors or administrators the court may take a separate bond from each, or a joint bond from all.
        
        Bond of Spec. Administrator 81.4 - conditions for the special administrator’s bond are limited compared with the conditions for the administrator’s bond
        
        Make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge;
        
        Truly account for the decedent’s estate as are received by him when required by the court; and
        
        Deliver the same to the person appointed executor or administrator, or to such other person as may be authorized to receive them
        
        To perform all orders of the court by him to be performed.
        
        Special administrator; why and when needed
        
        Role and function of special administrator
        
        Regular v special administrator
        
        No order of preference in special administrator
        
        Appointment 80.1 -
        
        When there is delay in granting letters testamentary or administration occasioned by any cause - Such as parties cannot agree, when from any cause general administration cannot be immediately granted
        
        When the executor or administrator is a claimant against the estate he represents - In this case, the special administrator administers only the portion over which there is such a claim
        
        Nature of Office - an officer of the court who is subject to its supervision and control, expected to work for the best interest of the entire estate, with a view to its smooth administration and speedy settlement.
        
        DOES NOT act as an agent of the parties.
        
        Purpose of Appointment - To preserve the estate until it can pass to the hands of a person fully authorized to administer it for the benefit of creditors and heirs
        
        Scope of Power - Not empowered to pay the estate’s debts kasi preservation lang?
        
        Discretion of Trial Court - The appointment of a special administrator is within the court’s discretion
        
        Subject to requirement that such discretion must be exercised with reason, guided by the directives of equity, justice, and legal principles
        
        Withdrawal - Even if a special administrator had already been appointed, once the court finds the appointee no longer entitled to its confidence, the court is justified in withdrawing the appointment and giving no valid effect thereto
        
        Effect of Delay - The special administrator’s powers exist until:
        
        The questions causing the delay are decided; or
        
        When the executor or administrator is appointed
        
        Period of Appointment - Can cover even probate proceedings.
        
        Q. Need for application for appointment of special administrator?
        
        DC - Yes, but, court may motu proprio admit(double check)
        
        Q. Delay ipso facto appointment?
        
        DC - No, delay + situation where the estate needs to be attended to that will cause need special admin
        
        Who may be appointed as special administrator?
        
        DC - anyone, but may consider order of preference, etc.
        
        How to distinguish between those authorized by admin v special admin?
        
        DC - Bar is if necessary for preservation, otherwise not allowed.
        
        Is it possible for special admin to perform act within powers and duties of regular admin?
        
        DC - Yes, may seek allowance with the court. Because there are situations which will require him to perform these acts.
        
        Does preserving include expanding?
        
        DC - No, falls within acts of strict dominion.
        
        Q. Process of Turnover of Special Admin
        
        DC - Turnover of estate, Account for items, account for losses/diminution of value. This is intended to generate a starting point for the regular administrator. Need not account for lost profits.
        
        Q. Once turnover, can the regular administrator undo acts of the special?
        
        DC - Generally, yes but subject to vested rights? Ordinary rules on rescission applies.
        
        Appointment of Special Administrator - The appointment of a special administrator is an interlocutory order
        
        It is a preliminary order to the main case for the grant of letters of administration in a testate or intestate proceeding
        
        Order of Preference - A court is not required to follow the order of preference under Rule 78, Sec. 6 for the appointment of a special administrator
        
        The order of preference under Rule 78, Sec. 6 refers to the appointment of a regular administrator or administratrix, not of a special administrator
        
        The order appointing the special administrator lies within the discretion of the probate court
        
        However, a court may take into account the order of preference for a regular administrator in the appointment of a special administrator
        
        Section 2. Powers and duties of special adminsitrator. — Such special administrator shall take possession and charge of the goods, chattels, rights, credits, and estate of the deceased and preserve the same for the executors or administrator afterwards appointed, and for that purpose may commence and maintain suits as administrator. He may sell only such perishable and other property as the court orders sold. A special administrator shall not be liable to pay any debts of the deceased unless so ordered by the court.
        
        Section 3. When powers of special administrator cease. Transfer of effects. Pending suits. — When letters testamentary or of administration are granted on the estate of the deceased, the powers of the special administrator shall cease, and he shall forthwith deliver to the executor or administrator the goods, chattels, money, and estate of the deceased in his hands. The executor or administrator may prosecute to final judgment suits commenced by such special administrator.
      - Opposition to Issuance;Simultaneous Petition for Administration (Rule 79.1) - Any person interested in a will may state in writing the grounds why letters testamentary should not issue to the persons named therein as executors, or any of them, and the court, after hearing upon notice, shall pass upon the sufficiency of such grounds.
        
        A petition may, at the time, be filed for letters of administration with the will annexed.
        
        Who May file Opposition t - One who stands to be benefited from such as compulsory heirs or creditors.
        
        Interest - must be material and direct, and not merely indirect or contingent (non-adjudged creditor)?
        
        Grounds for Opposition -
        
        Incompetency of the Applicant
        
        Contestant's own right to the administration
        
        This does not cover better right, this falls under own petition for letters of admin
        
        Mode of Appeal - May be rule 65
        
        Section 4. Opposition to petition for administration. — Any interested person may, by filing a written opposition, contest the petition on the ground of the incompetency of the person for whom letters are prayed therein, or on the ground of the contestant's own right to the administration, and may pray that letters issue to himself, or to any competent person or person named in the opposition.
        
        Contents for Petition for Letters (79.2) - Similar as probate. Only difference is that in the petition for probate, the name of the will’s custodian must be stated if the will has not yet been delivered to the court
        
        (a) The jurisdictional facts; - This is both: (a) testator's residence; (b) residence at time of death int he province where the probate court is or; if non-resident, fact that he left estate in the province.
        
        (b) The names, ages, and residences of the heirs, and the names and residences of the creditors, of the decedent;
        
        (c) The probable value and character of the property of the estate;
        
        (d) The name of the person for whom letters of administration are prayed.
        
        Publication and Notice (79.3) - Notice through publication of the petition for the settlement of the estate is jurisdictional.
        
        Court's obligations after filing of petition for issuance of letters -
        
        Fix the time and place of the hearing
        
        Cause notice of the time and place of the hearing to be given to: Known heirs'/creditors/other persons believed to have interest in the estate
        
        Follow the procedure for publication under Rule 76.3. And 76. 4
        
        76.3 - Notice must be published in a newspaper of general circulation in the province where the court has jurisdiction once a week for 3 consecutive weeks prior to the scheduled hearing
        76.4. - Notice can also be done through personal service or registered mail, for the creditors and heirs whose names and addresses are known.
        
        Personal Notice Alaban v. CA - Lack of notice to them is not a fatal defect since personal notice upon the heirs is a matter of procedural convenience and not a jurisdictional requisite
        
        Procedure for Hearing (79.5) - At the hearing of the petition,
        
        it must first be shown that notice has been given as hereinabove required, and
        
        thereafter the court shall hear the proofs of the parties in support of their respective allegations, and
        
        if satisfied that the decedent left no will, or that there is no competent and willing executor, it shall order the issuance of letters of administration to the party best entitled thereto.
        
        To Whom Issued (79.6) - Letters of administration may be granted to any qualified applicant, though it appears that there are other competent persons having better right to the administration, if such persons fail to appear when notified and claim the issuance of letters to themselves.
        
        Section 2. Contents of petition for letters of administration. - A petition for letters of administration must be filed by an interested person and must show, so far as known to the petitioner:
        
        Opposition to petitions for Administration (Sec. 4) - Any person interested in a will may oppose in writing the issuance of letters testamentary to persons named as executors, and at the same time file a petition for letters of administration.
      - Opposition to issuance of letters testamentary
        
        Who can petition for administration (any interested person)
        
        Notice required
        De Guzman v Angeles 162 S 347
        
        Opposition to petition for administration
        
        Letters of administration to go to any competent applicant
        
        CB: There is a gap between the petition for ante-mortem probate and what happens when the testator dies. Nothing in the Rules say how the heirs will initiate proceedings for a will already allowed.
        
        Directly to letters once probated.
        
        CB: After letters are issued, the executor or administrator would have to accept and take an oath, then post the bond in an amount as ﬁxed by the court.
    - - Definitions -
        
        Executors - person nominated by a testator in his will to carry out his direction and request thereof and to dispose of the property according to his testamentary provisions after his death
        
        Administrators -a person appointed by the court of probate to administer and settle intestate estates and such testate estates where no executor is named, or the executors named are incompetent, refuses the trust or fails to give a bond.
        
        Role/Responsibility - They are trustees of the state and the funds of the estate are considered trust funds.
        
        Required to exercise reasonable diligence and act in entire good faith in the performance of that trust.
        
        Appointment of a Judicial Administrator - if, there is no executor. Necessary to:
        
        (a) protect the estate of the deceased;
        
        (b) protect the rights of creditors to collect their credits;
        
        (c) protect rights of heirs/legatees so that they may receive the portion of their inheritance or legacy after the deduction of all debts and expenses to the estate of the deceased.
        
        Role of JA - is the legal representative of all three parties i.e., the estate, the creditors, and the heirs and legatees to the extent that he represents their interest in the estate (Tan v. Del Rosario)
      - Disqualifications - This enumeration is non-exclusive. The court may consider other factors that may show that the person is unfit as executor or administrator.
        
        Lim v. Diaz-Millarez - Recognized adverse interest or hostility to those immediately interested in the estate. as a ground for disqualification.
        
        Drunkenness - Defined as a state of intoxication. This is because intoxicating liquors change the normal condition of the subject and substantially lessens his capacity for rational action.
        
        Must be to a degree that Improvidence Would impair a person's sound judgment and reason that would necessarily affect the person's integrity and honesty
        
        Improvidence - want of care and foresight in the management of property which would be likely to render the estate and effects of the intestate unsafe, and liable to be lost or diminished in value, in case the administration should be committed to the improvident person.
        
        To count as a disqualification, it must be a lack of care, foresight, or business capacity endangering the safety of the estate, and capacity for care and foresight need not be evi-denced by the accumulation of any considerable estate.
        
        How Proven - Gambling habits, Carelessness, indifference, prodigality, wastefulness or negligence in reference to the care management and preservation of property may be used as grounds to establish improvidence.
        
        Want of understanding or Integrity -
        
        Want of Understanding - Disqualification when it amounts to lack of intelligence.
        
        Herrera notes conflicting takes on weakness of mind. Some authors say disqualification, as weakness of mind might subject one to sinister influence or coercion against the general interest of the estate will constitute a sufficient objection.
        
        Integrity - a synonym for probity, honesty and up-rightness in business relations, with others.
        
        To sustain judgment for want of integrity, accusation must be certain and grave, and must be established by proof approaching cert certainty required for conviction in a criminal ((V-B Special Proceedings Francisco, pp. 2-3, 1970 Ed.)
        
        Conviction of an offense involving moral turpitude - An act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals.'
      - Death of Executor (78.2) - When executor dies, his executor cannot administer the estate of 1st testator
        
        In this situation, court may appoint administrator de bonis non as new administrator
        
        Issuance of Letters Testamentary (78.4) - When a will has been proved and 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 as required by these rules.
        
        Options of Court Upon Probate - May issue any of the 3:
        
        Letters testamentary
        
        Letters of administration, with the will annexed
        
        Letters of administration
        
        Appeal of Probate - Order of court admitting will to probate may be appealed by party aggrieved by such decision (Rule 109, Sec. 1)
        
        In such case, the court must still issue the letters testamentary to the person named as executor
        
        Order appointing regular Administrator - Rule 41
        
        Order appointing special admin - Rule 65
        
        Q. GAD if fit executor but appoints someone else, appeal by Rule 65?
        
        DC -
        
        1 more item...
        
        Q. If letters of Testamentary not issued, can you issue letters of admin?
        
        DC - Yes, but must resolve letters testamentary first
        
        Issuance of Letters of Administration (78.6) - IF either (a) no named executor; (b) he executor or executors are incompetent, refuse the trust, or fail to give bond, (c) or a person dies intestate then letters of administration issued.
        
        Order of Preference - This is based on degree of interest in the estate.
        
        Surviving spouse - effectively, owner of 1/2 of the conjugal properties + compulsory heir.
        
        If marriage is void → “surviving spouse” cannot be preferred, since the basis for the preference is absent
        
        Next of Kin - Heirs.
        
        Probate court may pass upon the issue of filiation especially when the application for letters of administration claims to be the decedent’s heir Nearest of kin, whose interest in the estate is more preponderant, is preferred in choice of administrator
        
        As between next of kin, the nearest of kind is to be preferred
        
        Persons requested by surviving spouse or next of kin
        
        Principal Creditors - Appointed ONLY if surviving spouse or next of kin is: (1) incompetent or unwilling to be appointed, or (2) neglects for at least 30 days after decedent’s death to apply for administration or request that administration be granted to some other person
        
        Other persons selected by the court
        
        Rule on Preference -In determining who should be appointed administrator, principal consideration of court is the interest in the estate
        
        Interested party: one who would be benefited in the estate, such as heir, or one who has claim against the estate, such as a creditor
        
        Not Absolute - Preference is not absolute, if there are reasons justifying appointment of administrator other than surviving spouse
        
        limited to the selection of a regular administrator and not to the selection of a special administrator
        
        Failure to Apply for Letters of Administration - Mere failure to apply for letters of administration does not remove preference. There must be a very strong case to justify the exclusion of the widow from administration
        
        Multiple Administrators - -Order of preference does not rule out appointment of co-administrators, especially in cases where justice and equity demand that opposing parties be represented in management of estate
        
        2 more items...
        
        By Whom Filed - Section 2. Contents of petition for letters of administration. - A petition for letters of administration must be filed by an interested person and must show, so far as known to the petitioner:
        
        Where some coexecutors disqualified others may act. 78.5 - When all of the executors named in a 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.
        
        Multiple Executors - Allowed;. In such case, they exercise joint administration over the estate
      - Q. Petition - Initiatory pleading?
        
        Decree of Probate loses jurisdiction
        
        Needs petition for settlement of the estate
      - Q. How do you prove fitness? Extent of discretion of the court in determining fitness?
        
        DC -
  - - - Reprobate v. Probate -
        
        Reprobate or re-authentication of a will already probated and allowed in a foreign country is different from that probate where the will is presented for the first time before a competent court.
        
        Reprobate is specifically governed by Rule 77 of the Rules of Court. Contrary to petitioners’ stance, since this latter rule applies only to reprobate of a will, it cannot be made to apply to the present case.
        
        In reprobate, the local court acknowledges as binding the findings of the foreign probate court provided its jurisdiction over the matter can be established.
        
        Article 816. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. (n)
        
        Vibes ay:
        
        Probate - proof of compliance under 816, you go into the specifics pa of the laws, such as witness requirements etc?
        
        Reprobate - proof na naprobate na doon, by a probate court with jurisdiction.
        
        Sir says this is original proceeding for probate, not recognition of foreign judgment.
      - When Reprobate Required - When a person executes a will that produces effects in the Philippines, the will must be reprobated in the Philippines to effectuate its provisions.
        
        If probate - 816
        
        If reprobate, go through RoC 77
      - Rationale for Proof of Foreign Laws - Courts cannot take judicial notice of foreign laws. Thus, there is a need to present evidence as regards laws upon which the probate in the foreign country is based on
        
        Burden is on claimant
        
        Absence thereof, processual presumption applies.
      - Formal Requisites - Must still be complied with. Thus, reprobrate must comply with formal rqeuisites ere becasue procedural laws must still be.
    - - Allowance of a Will (77.3) - If it appears at the hearing that the will should be allowed in the Philippines, the shall so allow it, and a certificate of its allowance, signed by the judge, and attested by the seal of the court, to which shall be attached a copy of the will, shall be filed and recorded by the clerk, and the will shall have the same effect as if originally proved and allowed in such court.
      - Administration of Estate (77.4) -After allowance of a will, the court shall grant letters testamentary/administration which shall extend to all the estate of the testator in the PH.
        
        Scope of Authority -
        
        Territorial Limits of Administration - The domiciliary administrator’s authority extends only to the assets of a decedent found within the state or country where it was granted.
        
        Administrators -
        
        Principal Administration - That which is granted in the jurisdiction of the decedent's domicile is termed the principal administration,
        
        Ancillary Administration - Any other administration is termed ancillary administration.
        
        Need for Ancillary Administration - In cases where a person dies intestate, with property in the country of his domicile + in a foreign country, there must be administration in both countries
        
        Thus, ancillary administration is proper whenever a person dies leaving in a country other than that of his domicile, property to be administered in the nature of assets of the decedent, liable for his individual debts or to be distributed among his heirs.