Settlement of intestate estates, without legal proceedings, in certain cases.
SEC. 596. Settlement of intestate estates, without legal proceedings, in certain cases. — Whenever all the heirs of a deceased person are of lawful age and legal capacity, and there are no debts due from the intestate estate, or all the debts have been paid by the heirs, the heirs may, by a family council as known under Spanish law, or by agreement between themselves, duly executed in writing, apportion and divide the estate among themselves, as they may see fit, without proceedings in court.
In such case distributees liable for debts.
SEC. 597. In such case distributees liable for debts. — But if it shall appear, at any time within two years after such settlement and distribution of the estate, that there are debts outstanding against the estate which have not been paid, any creditor may compel the settlement of the estate in the courts in the manner hereinafter provided, unless his debt shall be paid, with interest; and the administrator appointed by the court may recover the assets of the estate from those who have received them, for the purpose of paying the debts; and the real estate belonging to the deceased shall remain charged with the liability to creditors for the full period of two years after such distribution, notwithstanding any transfers thereof that may have been made.
Such settlement not binding unless all concur.
SEC. 598. Such settlement not binding unless all concur. — Such distribution of an estate outside the courts shall not be effective unless all the heirs assent thereto in writing.
