Text of the provision
Sec. 2. Court may remove or accept resignation of executor or administrator; Proceedings upon death, resignation, or removal. — If an executor or administrator neglects to render his account and settle the estate according to law, or to perform an order or judgment of the court, or a duty expressly provided by these rules, or absconds, or becomes insane, or otherwise incapable or unsuitable to discharge the trust, the court may remove him, or, in its discretion, may permit him to resign. When an executor or administrator dies, resigns, or is removed the remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him. If there is no remaining executor or administrator, administration may be granted to any suitable person.
Rules of Court, Rule 82, Section 2. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.
About this section
This is Section 2 of Rule 82 (Revocation Of Administration, Death, Resignation, And Removal Of Executors And Administrators) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim.
Related provisions
- Section 1 — Administration revoked if will discovered; Proceedings thereupon.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.