RULE 83 INVENTORY AND APPRAISAL. PROVISION FOR SUPPORT OF FAMILY

Question 1

When is inventory required?

Answer 1

SECTION 1. Inventory and appraisal to be returned within three months. — Within three (3) months after his ap­ pointment every executor or administrator shall return to the court a true inventory and appraisal of all the real and personal estate of the deceased which has come into his pos­ session or knowledge. In the appraisement of such estate, the court may order one or more of the inheritance tax apprais­ ers to give his or their assistance.

Question 2

Is The three-month period is mandatory?

Answer 2

No. The three-month period is not mandatory.. The fact that an inventory was filed after the three-month period would not deprive the probate court of juris­
diction to approve it. However, an administrator’s unexplained de­
lay in filing the inventory may be a ground for his removal

Question 3

Which articles are not to be inventoried?

Answer 3

SEC. 2. Certain articles not to be inventoried. — 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 subsist­ence 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.

Question 4

Who shall receive allowance )

Answer 4

SEC. 3. Allowance to widow and family. — The widow and minor or incapacitated children of a deceased person, during the settlement of the estate, shall receive therefrom, under the direction of the court, such allowance as are pro­vided by law.

Question 5

True or false. /only children of minor age or incapacitated are allowed to receive support from the estate

Answer 5

False. It is settled that allow­ances for support under this section should not be limited to the “minor” or “incapacitated” children of the deceased. Under Article 188 of the Civil Code (Now Article 133 of the Family Code) during the liquidation of the conjugal partnership, the deceased’s legiti­mate spouse and children, regardless of their age, civil status or gainful employment are entitled to provisional support from the funds of the estate.