Personalty first chargeable for debts.
SEC. 727. Personalty first chargeable for debts. — The personal estate of a deceased person shall be first chargeable with the payment of debts and expenses; and if the personal estate is not sufficient for that purpose, the whole of the real estate, or so much thereof as is necessary, may be sold for that purpose by the executor or administrator, after obtaining license therefor; and the executor or administrator shall have the right to the possession of the real as well as personal estate of the deceased, so long as is necessary for that purpose.
From what part of testate estate debts to be paid.
SEC. 728. From what part of testate estate debts to be paid. — If the testator makes provision by his will, or designates the estate to be appropriated for the payment of his debts and the expenses of administration or family expenses, they shall be paid according to the provisions of the will. But if the provision made by the will or the estate appropriated is not sufficient for that purpose, such part of the estate of the testator, real or personal, as is not disposed of by will, if any, shall be appropriated for that purpose.
Legacy and devise liable for payment of debts.
SEC. 729. Legacy and devise liable for payment of debts. — The estate, real or personal, given by will to the devisees, or legatees, shall be liable for the payment of the debts, expenses of administration, and family expenses, in proportion to the amount of the several devices or legacies, except that specific devises and legacies may be exempted if it appears to the court necessary to carry into effect the intention of the testator, and if there is sufficient other estate.
Executor to retain possession of an estate, when.
SEC. 730. Executor to retain possession of an estate, when. — When the estate given by will is liable for the payment of debts and expenses, or is liable to be taken to make up the share of a child born after the execution of a will, or of a child or the issue of a child not provided for in the will, and not intentionally excluded therefrom, the executor may retain possession of the same until such liability is settled by order of the court, and until the devises and legacies so liable, are accordingly assigned by order of the court; and a devisee or legatee may make his claim to the court to have such liability settled and his devise or legacy assigned to him.
Devisees, legatees, and heirs, in possession, must contribute.
SEC. 731. Devisees, legatees, and heirs, in possession, must contribute. — Devisees and legatees who, with the consent of the executor or otherwise, have possession of the estate given to them by will before such liability is settled by the court, shall hold the same, subject to the several liabilities mentioned in the preceding section, and shall contribute according to their respective liabilities to the executor, or to a devisee or legatee, from whom the estate devised to him has been taken for the payment of debts or expenses, or to make up the share of a child born after the making of the will, or of a child or the issue of a child omitted in the will and not intentionally excluded thereby; and the persons who, as heirs, have received the estate not disposed of by will, shall be liable to contribute like the devisees or legatees.
When person liable to contribute is insolvent or dead.
SEC. 732. When person liable to contribute is insolvent or dead. — If a person liable to contribute, according to the provisions of the preceding section, is insolvent and unable to pay his share, the others shall be severally liable for the loss occasioned by such insolvency, in proportion to and to the extent of the estate they have received; and if a person so liable to contribute dies before paying his share, the claim shall be valid against his estate as if it had been his proper debt.
Court to fix contributors' shares.
SEC. 733. Court to fix contributors' shares. — The court having jurisdiction of the estate may, by decree for that purpose, after hearing, settle the amount of the several liabilities as provided in the preceding sections, and decree how much, and in what manner, each person shall contribute, and may issue execution if circumstances require.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
