A will, once probated, does not become intestate merely because the estate remains unsettled. The Supreme Court held that successional rights are transmitted from the moment of the decedent's death.
“The right to the succession is transmitted from the moment of the death of the decedent.”
— Article 777, Civil Code
The Facts
Bishop Sofronio Hacbang died on April 3, 1937, leaving several properties. Under his will, he gave one-half to his parents and the other half, including the subject property (TCT No. 227644), to his sister, Dolores Hacbang Alo. The will was admitted to probate, but the estate was not finally distributed.
The Issue
Whether the property specifically devised in a probated will would still be subject to intestate succession because the estate had not been finally settled and distributed.
What Did the Supreme Court Decide?
The Supreme Court held that successional rights are transmitted from the moment of the decedent's death. A will that has been admitted to probate is binding, and the specific devise of the property to Dolores Hacbang Alo took effect upon Bishop Sofronio's death, even without a final decree of distribution. The absence of settlement proceedings does not convert testate succession into intestate succession.
In Simple Terms
Heirs named in a valid will become owners when the person dies — not only when the estate is finally divided.
Why Is This Important?
It gives certainty to heirs and devisees named in a probated will, even when settlement of the estate is delayed for years.
Practical Takeaway
Succession is opened by death, not by partition. Where a valid will specifically devises a property, the devisee acquires ownership from the moment of the decedent's death, without waiting for a final decree of distribution. The mere fact that the estate remains unsettled does not make the property subject to intestate succession.
Case Citation
Dolores L. Hacbang and Bernardo J. Hacbang v. Atty. Basilio H. Alo
G.R. No. 191031
October 5, 2015
Second Division
Brion, J.
770 Phil. 543
How TLG Can Help
Settling an estate, or disputing who inherited a property? TLG can help you understand your rights as an heir or devisee and the steps to secure the title.
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