Intestate Proceedings.
What is this legal process all about?
You see, under Philippine law, we have two (2) kinds of inheriting property from a deceased loved one.
The first kind is what we call testate succession…
Where there’s a last will & testament (huling habilin)…
Or in essence…
A legal document that communicates a person’s final wishes, as pertaining to his or her worldly possessions, as to the person who will inherit, etc.
The second kind is what we call intestate succession…
Where there’s no last will and testament…
Or any legal document to that effect…
Or if there is, the last will and testament is void.
So… When we speak of intestate proceedings…
We actually speak of the process…
A court process where in effect, it would be the Court itself who will subdivide the properties left by the deceased loved one among the heirs.
The reason being, the heirs could not agree (and sometimes fight resolutely with each other), on how to subdivide the properties left by the deceased loved one.
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