RULE 79 Opposing Issuance Of Letters Testamentary

Question 1

What jurisdictional facts should be shown in a petition for letters ofadministration?

Answer 1

1. the death of the testator
2. his residence at the time of his death in the province where the probate court is sitting or, if he is an inhabitant of a foreign country, his having left his estate in such province

Question 2

What is the effect of lack of notice in the left petition for letters of administration?

Answer 2

the proceeding for the settlement of the estate is void and should be annulled. The requirement as to notice is essential to the validity of the proceeding in order that no person may be deprived of his right to property without due process of law.5