Realty may be sold though personalty and exhausted.
SEC. 714. Realty may be sold though personalty and exhausted. —When the personal estate of the deceased is not sufficient to pay the debts and charges of administration without inuring the business of those interested in the estate, or otherwise prejudicing their interests, and where a testator has not otherwise made sufficient provision for the payment of such debts and charges, the court, on application of the executor or administrator with the consent and approbation, in writing, of the heirs, devises, and legatees, residing in the Philippine Islands, may grant a license to the executor or administrator to sell for that purpose real, in lieu of personal estate, if it clearly appears that such sale of real estate would be beneficial to the persons interested and will not defeat any devise of land; in which case the assent of the devise shall be required.
If part can not be sold without injury, whole may be.
SEC. 715. If part can not be sold without injury, whole may be. — When an executor or administrator makes application to the court for license to sell real estate for payment of debts or charges of administration, and it appears that a part can not be sold without injury to those interested in the remainder, the court may grant license to sell the whole of such estate, or such part as is necessary or beneficial to those concerned therein.
Persons interested may prevent sale.
SEC. 716. Persons interested may prevent sale. — No such license to sell real estate shall be granted if any of the persons interested in the estate give a bond, in such sum and with such sureties as the court directs, conditioned to pay the debts and expenses of administration within such time as the court directs; and such bond shall be for the security, and may be prosecuted for the benefit of the creditors, as well as for the executor or administrator.
The Court may order personalty sold.
SEC. 717. The Court may order personalty sold. — The court, on the application of the executor or administrator, may order the personal estate, or part of it, to be sold, if it appears necessary for the purpose of paying debts, legacies, or expenses of administration, or for the preservation of the property.
Estate may be sold when beneficial to heirs.
SEC. 718. Estate may be sold when beneficial to heirs. — When it appears to the court that it will be beneficial to the heirs, devisees, or legatees, and those interested in an estate, by reason of their residing out of the Islands or otherwise, that a part of the personal estate, or part or the whole of the real estate, or both the real and personal estate, should be sold, the court may, upon application of the administrator or executor, with the consent and approbation, in writing, of the heirs, devisees, and legatees who are interested in the estate to be sold, grant license to sell the whole or a part of said estate, although not necessary to pay debts, legacies, or charges of administration; but such license shall not be granted if inconsistent with the provisions of a will. In case of such sale, the proceeds shall be decreed and assigned to the persons entitled to the estate, and in the same proportions.
May be sold to pay debts and legacies in other countries.
SEC. 719. May be sold to pay debts and legacies in other countries. — When the sale of real or personal estate is not necessary to pay the debts against the deceased person in the Philippine Islands, and it appears to the court by records and proceedings of a probate court in another state or country, that the estate of the deceased in such other state or country is not sufficient to pay the debts and legacies in that country, the court in the Philippine Islands may license the executor or administrator to sell the real or personal estate for the payment of debts or legacies in the other state or country, in the same manner as provided for the payment of debts or legacies in this country.
Realty acquired on execution, and so forth, may be sold.
SEC. 720. Realty acquired on execution, and so forth, may be sold. — The court may grant license to an executor or administrator to sell real estate acquired by such administrator or executor on execution or foreclosure sales, although not necessary for the payment of debts, legacies, or charges of administration, when it appears that such sale will be beneficial to all persons interested in such real estate.
Such license shall be granted under the same regulations as prescribed in this chapter for the sale of other real estate.
Realty may be sold to pay legacies.
SEC. 721. Realty may be sold to pay legacies. — When a legacy is given by a will which, for want of sufficient personal estate or otherwise, is chargeable upon the real estate of the deceased, the executor may be licensed by the court to sell such real estate for the purpose of paying such legacy, as provided in the sale of real estate for the payment of debts.
Regulations for license to sell.
SEC. 722. Regulations for license to sell. — When an executor or administrator considers it necessary or beneficial to sell real or personal estate, in cases provided by law, he may make application to the court having jurisdiction of the estate, and such court may grant license, when it appears necessary or beneficial, under the following regulations:
1. The executor or administrator shall present to the court his petition in writing, setting forth the amount of debts due from the deceased, with charges of administration, the value of the personal estate, situation of the estate to be sold, or such other facts as show that the sale is necessary or beneficial;
2. In cases where the consent of heirs, devisees, and legatees is required, the executor or administrator shall produce to the court their assent in writing, and signed by such heirs, devisees, or legatees, or by the guardians of such as are minors or otherwise under guardianship;
3. The court shall thereupon appoint a time and place of hearing for deciding upon such application, and shall require notice to be given of such application, and of the time and place of hearing to the persons interested; which notice shall state the nature of the application and the reason for the same, the time and place of hearing, and shall be published three weeks successively previous thereto, in a newspaper of general circulation in the neighborhood of those interested, to be designated by the court; and the court may order such further notice as is adjudged proper. If personal notice is given to the persons interested, the public notice may be dispensed with;
4. If the court requires it, the executor or administrator, before license is granted, shall give a new bond, in such sum and with such sureties as the court directs, conditioned that such executor or administrator shall account for the proceeds of such sale;
5. If the proof produced satisfies the court and if the regulations in the first four subdivisions of this section are complied with, the court may, by decree, authorize the executor or administrator to sell such part of the estate as is deemed necessary, either at public or private sale, as would be most beneficial to all parties concerned, and furnish the executor or administrator with certified copy of such license or order of sale;
6. If the order is to sell the estate at auction, the court shall designate the mode of giving notice of the time and place of the sale, which shall be stated in the copy or certificate of such order furnished the executor or administrator;
7. The record of the order of sale in the court, and the copy or the certificate of such order furnished the executor or administrator, shall state that such of the requisites prescribed in the first four subdivisions of this section, as are required in the case, are complied with; and such certificate or copy of the order of sale shall be recorded in the office of the Registrar of Land Titles of the province in which the lands thus to be sold are situated.
Effect of deed.
SEC. 723. Effect of deed. — The deed of an executor or administrator of the real estate of deceased persons, having such certificate or copy of an order of sale from the probate court, shall be as valid to convey the estate authorized to be sold as if the deed had been executed by the deceased in his lifetime.
When administrator dies pending sale, new license to issue.
SEC. 724. When administrator dies pending sale, new license to issue. — In case of the death, resignation, or removal of an executor or administrator before the completion of the sale of real estate under a license granted as above provided, the court may, upon application, at any time within two years after issuing such prior license, issue a new license to his successor without further notice or hearing thereon.
When deceased under contract to convey.
SEC. 725. When deceased under contract to convey. — Where a deceased person was in his lifetime under contract, binding in law, to deed lands, or an interest therein, the court having jurisdiction of an estate may, on application for that purpose, grant license to the executor or administrator to convey such land, according to such contract or with such modifications as are agreed upon by the parties, and approved by the court; and if the contract is to convey lands to the executor or administrator, the judge of the court shall execute the deed. The deed executed by such executor, administrator, or judge, shall be as effectual to convey such lands as if executed by the deceased person in his lifetime; but no court shall grant such license to deed the lands of the deceased person until notice of the application for that purpose has been given to all persons interested, under an order of such court, and published three weeks successively, previous thereto, in such newspapers as the court directs; nor if it appears to the court on a hearing that the assets in the hands of the executor or administrator will thereby be reduced so as to prevent a creditor from receiving his full debt or diminish his dividend.
Lands held in trust to be conveyed.
SEC. 726. Lands held in trust to be conveyed. — Where a deceased person in his lifetime held lands in trust for another person, the court may, after notice given as required in the preceding section, grant license to the executor or administrator to deed such lands to the person, his executor or administrator, for whose use and benefit they are holden; and the court may decree the execution of such trust, whether created by deed or by law.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
