Dividing conjugal properties

Dividing conjugal properties "How is the conjugal partnership of the spouses divided in case the wife predeceased her husband? AnidemDear Anidem, When the marriage is dissolved by the death of the wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either (Section 2, Rule 73, Rules of Court).If no judicial settlement proceeding was instituted and the wife did not leave a last will and testament, the surviving spouse shall liquidate the community property either judicially or extra¬judicailly within one year from the death of the deceased spouse (Article 130, Family Code of the Philippines). Upon liquidation the profit or remainder shall be distributed in accordance with the law on intestate succession. If the wife left a last will and testament, her will must first be probated in court in an action for probate of will, which shall be filed in the Regional Trial Court (RTC) of the city or province where the wife last resided at the time of her death (Section 1, Rule 73 Rules of Court). The RTC shall hear and approve claims against the estate of the wife, and shall order the payment of lawful debts. Thereafter, it shall direct the delivery of the estate to those entitled thereto.We feel the need to remind you that our opinion is based on your narration of facts. Opinion may vary if facts are added or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/