ACTIONS BY AND

AGAINST THE
ADMINISTRATORS
(RULE 87)

Actions that may be brought

directly against the Actions that may be brought Complaininng of an
administrator (Section 1) by the administrator (Section administrator, heir, creditor of
2) other interested party that a
Recovery or protection of the person is suspected of having
1. Recovery of real or
property rights of the concealed, embezzled, or
personal property or an
deceased. coveyed away any of the
interest therein.
properties of the deceased
2. Enforcement of a lien (Section 6)
thereon.
3. Recovery of damages for
an injury to person, property Upon complaint of an
(whether real or personal) administrator, the court Recovery of
Approval of the court for Foreclosure of may cite a person property
an administrator to mortgage belonging entrusted by an fraudulently
compound with the to the estate of a administrator with the conveyed by Citing of the court of
debtor of the deceased deceased person estate may require deceased (Section such suspected
for the debt due and (Section 5) such person to render 9) person to appear
When heirs may file a full account of the before it and
an action in court Bringing of action of give a discharge of such
debt on receiving just a properties (Section 7) examining him on
(Section 3) a creditor for the oath
recovery of property dividend of the estate of
(1) When there is an the debtor (Section 4)
order of the court fraudulently
assigning the property conveyed by the
to such heir; or deceased (Section
10) Refusal of the person to Refusal of the person
(2) The time allowed
This may be availed appear or be examined will to appear or be
for the payment of a
if the administrator cause the court to punish him examined will cause
debt has expired
has not commenced for contempt the court to punish
recovery under him for contempt and
Section 9. may commit him to
prison
 SALES, MORTGAGES AND
OTHER ENCUMBRANCES OF
PROPERTY OF DECEDENT
(RULE 89)

Order of Sale of Personalty Authorization of Sale, Authorization of

(Sec.1) Authorization of Sale of Mortgage or Other Conveyance of Realty
Estate as Beneficial to Encumbrance of Realty Authorization of Conveyance of
Which Deceased
Interested Persons (Sec. 4) Acquired on Execution or Lands Held in Trust (Section 9)
Contracted During his
Mortgage (Section 6) Lifetime (Section 8)

Notice of the application

to be given to all
Authorization Filing of written petition by the interested persons; or
of Sale of Realty (Sec. 2) administrator to the court having Application of the administrator publication if the court
jurisdiction of the estate to the court having jurisdiction of deems proper
the estate

Fixing of a time and place for

Authorization by the court to
hearing and causing notice stating deed the property to the
the nature of the petition, reasons Notice of the application to be Order of the court for the
given to all interested persons person, or his administrator
and the time and place of hearing to execution of such trust
for whose use and benefit it
the persons interested by the court Notice may be given personally was so held
Notice may be given personally or by or by mail
mail
Causing the publication if the
Causing the publication if the court court deems proper
deems proper

Authorization by the
court to convey such
If the court requires, the propert in accordance
administrator shall give an with the contracts
additional bond

Authorization by the court to sell,

mortgage or encumber the
properties

Recording in the
registry of deeds