Claiming a Deceased Person’s Alleged Debt Without Proof: Estate Liability and Evidentiary Rules (Philippine Law)

This article explains how (and whether) a creditor can collect from a decedent’s estate when the “debt” is thinly documented—or not documented at all. It integrates substantive civil law, the Rules of Court (special proceedings on settlement of estate and rules on evidence), and practical litigation strategy in the Philippine setting.

1) Core Civil-Law Principles

1.1. Obligations survive—but only against the estate

A person’s property, rights, and obligations to the extent not extinguished by death are transmitted to the heirs through the estate. Heirs do not assume personal liability for the decedent’s debts beyond what they received from the estate. The estate is a separate juridical “pool” used to pay valid claims and expenses before any distribution.

1.2. Order of priorities and limited fund doctrine

Before heirs take anything, the estate pays:

court-approved administration and funeral expenses,
taxes and fees, and
valid debts and claims. If the estate is insolvent, creditors are paid pro rata, following statutory preferences (e.g., liens, mortgages) and judicial classifications.

1.3. Conjugal/absolute community considerations

If the decedent was married:

Debts for family needs or for property acquired/benefited by the community may be chargeable to community property; otherwise, to the debtor-spouse’s exclusive property.
A creditor asserting liability of community/conjugal property bears the burden to prove the legal basis (purpose of the loan, benefit to the community, consent where required).

2) Where and When to Assert Claims

2.1. The probate court’s exclusive control

Money claims against the decedent must be presented in the estate proceedings (testate or intestate). Even a creditor with a final judgment must file a claim there; execution is generally not allowed against estate property without the probate court’s leave.

2.2. The claims period (strict!)

After letters testamentary/administration issue, the court publishes a Notice to Creditors and fixes a window (commonly 6–12 months). File within this period or the claim is barred, subject to narrow exceptions (e.g., contingent claims, claims arising after the period, or as equity allows under specific rules). Being within the Civil Code prescriptive period is not enough; the probate claims deadline is a separate bar.

2.3. Mortgagees and secured creditors

A secured creditor may foreclose outside the claims process to realize on the collateral. But to recover any deficiency, the creditor must timely file a claim in the estate proceedings.

2.4. If heirs made an extrajudicial settlement

When heirs bypass court and settle extrajudicially, a creditor may:

sue the estate/heirs/distributees within two (2) years from settlement/publication to the extent of what each heir received; and/or
petition the court to open estate proceedings if needed to marshal assets and rank claims. Failure to publish the extrajudicial settlement or to reserve for debts can justify remedies against the distributees and, in proper cases, annulment.

3) What a Creditor Must File

3.1. Form and content

A written, verified claim stating the amount, nature, and facts is filed in the probate case. If based on a written instrument, the original (or a court-accepted duplicate) must be exhibited or attached. The verification/affidavit typically attests that the claim is justly due, unpaid, and correct, accounting for any offsets.

3.2. Supporting proof (or lack thereof)

The burden of proof is on the creditor. In civil cases the standard is preponderance of evidence—i.e., evidence that is more likely than not. Bare allegations, unverified spreadsheets, or self-serving affidavits without competent authentication are usually insufficient.

4) Evidence: What Works—and What Fails

4.1. Key evidentiary themes

Original Document Rule: When the contents of a written agreement are in issue, the original is required, unless an exception applies (loss, destruction, or unavailability without bad faith; public records; or admissible secondary evidence after laying the proper foundation).
Authentication of Private Documents: A private writing (e.g., promissory note, IOU, receipts) must be authenticated—by a witness who saw its execution, by evidence of genuineness of the signature/handwriting, or by admission of the adverse party.
Public/Notarized Documents: A notarized loan or acknowledgment is a public document and generally enjoys a presumption of regularity and due execution, but it is rebuttable by clear and convincing evidence.
Parol Evidence Rule: If there is a written contract, parties and their successors-in-interest (including the estate) cannot vary its terms by oral testimony unless an exception applies (e.g., intrinsic ambiguity, failure of consideration, fraud, mistake, waiver).
Hearsay: Affidavits are hearsay unless the affiant testifies and is cross-examined. Business records, entries made in the regular course of business, commercial lists, and declarations against interest are recognized exceptions when their predicates are proven.

4.2. Electronic documents and messages

Under the E-Commerce Act and Rules on Electronic Evidence, electronic documents (emails, chats, SMS, scans) are admissible if their integrity, reliability, and authenticity are shown.
Screenshots alone are usually not enough; courts look for metadata, system or custodian testimony, or hash/fingerprint evidence. Electronic signatures or audit trails can be persuasive.
Bank/fintech statements and ledger exports can qualify as business records if a custodian can explain how they are kept and generated.

4.3. Oral loans and cash advances

Oral loans are not per se unenforceable, but they face practical hurdles:

The Statute of Frauds requires certain agreements to be in writing to be enforceable if executory; many simple loans fall outside it once performed (e.g., money delivered).
Without writings, creditors often rely on admissions (messages, emails), course of dealing, partial payments, or third-party corroboration. Expect close judicial scrutiny.

4.4. Interest, penalties, and fees

Interest is not due unless expressly stipulated in writing. Absent a written stipulation, only legal interest (as damages from default) may be awarded from judicial or extrajudicial demand, subject to the applicable rate regime.
Even when written, courts may strike down usurious or unconscionable rates and liquidated damages provisions.

4.5. The “Dead Man’s Statute” is gone

The former rule disqualifying a party from testifying on transactions with the deceased has been repealed under the 2019 Revised Rules on Evidence (effective 2020). Creditors and heirs may now testify, subject to the ordinary rules on relevance, hearsay, and credibility. This materially helps creditors in poorly documented claims—but does not fix defects in proof.

5) Prescription, Laches, and Waiver

Prescription (statute of limitations) still applies:
- Written contracts: generally 10 years from breach.
- Oral contracts: generally 6 years.
- Quasi-delict: 4 years.
- Judgments: longer enforcement periods apply.
Interruptions occur through written acknowledgment or filing suit.
But the probate claims period is an additional, independent bar: a claim timely under the Civil Code may still be forever barred if not presented within the court-fixed window.
Laches (equitable delay) can defeat stale claims even if technically within prescription, depending on prejudice and circumstances.

6) Defenses and Counter-Strategies for the Estate

Non-proof / Hearsay: Demand strict proof; object to unauthenticated documents, unauthenticated screenshots, and affidavits offered in lieu of testimony.
Original-document and secondary-evidence foundations: Insist on originals or a proper predicate for secondary evidence.
Payment, compensation, set-off: Show receipts, bank debits, or that the decedent was owed by the claimant; estates may offset mutual obligations.
Prescription and claims-period bar: Assert both.
Statute of Frauds / No written interest: Knock out interest and unenforceable terms.
Illegality / lack of consideration / forgery: Challenge authenticity and legality, seek expert examination.
Community property defenses: If the creditor targets conjugal/community assets, require proof of benefit/consent.
Ranking and insolvency: Even if allowed, press for proper classification and pro rata payment where the estate is insufficient.
Contingent or unliquidated claims: Ask the court to disallow or require liquidation before allowance.

7) Practical Playbooks

7.1. For creditors with weak or no paperwork

Act fast: Track the estate case and file within the claims period.
Paper what you can: Gather bank proofs, message trails, delivery receipts, ledgers, accounting emails, and acknowledgments. Identify live witnesses (bookkeepers, account officers, family members who observed).
Use business-records and electronic-evidence routes: Prepare a custodian affidavit and be ready to testify about systems, audit trails, and regularity.
Seek admissions: Demand letters can prompt written acknowledgments; explore Rule-sanctioned requests for admission.
Secure collateral: If secured, foreclose; if not, explore amicable settlement backed by heirs’ undertakings to the extent of estate shares.

7.2. For executors/administrators and heirs

Publish and enforce the claims window; keep meticulous estate accounts.
Challenge proof aggressively but fairly; require live testimony for affidavits.
Audit the decedent’s records for receivables to assert set-off.
Prioritize: Pay administration costs and taxes before debts.
Avoid personal exposure: Make payments only under court authority and only from estate funds.
Handle extrajudicial settlements carefully: Ensure publication, creditor reservations, and escrows where appropriate.

8) Special Situations

Claims founded on judgment: Present the judgment and prove outstanding balance; still subject to estate procedures.
Tort/Civil liability ex delicto: Criminal liability is extinguished by death, but civil liability generally survives and can be pursued against the estate; if no conviction, file/continue a civil action and, for collection, present it in probate.
Attorney’s fees: Recoverable only when contractually stipulated, allowed by law, or awarded by the court for recognized grounds (e.g., bad faith).
Foreign creditors: May file claims in local probate for assets within the Philippines; issues of choice of law and recognition of foreign judgments can arise.
Small or no-asset estates: Creditors may obtain acknowledgment of the claim for set-off if assets later surface; practically, settlement often becomes the rational path.

9) Checklist: Proving (or Disproving) a Debt Against an Estate

For the claimant

Identify the estate case number and claims deadline.
File a verified written claim with supporting originals or justified secondary evidence.
Prepare custodian testimony for business/electronic records.
Address interest with a written stipulation (or concede legal interest only).
Line up witnesses on delivery/receipt/demand; secure acknowledgments.
Anticipate defenses: prescription, claims bar, hearsay, parol, community property limits.

For the estate/heirs

Track and enforce the claims window; oppose late claims.
Demand authentication and originals; object to hearsay.
Assert payment/set-off with documentary support.
Raise no-written-interest and unconscionable charges defenses.
Protect community property absent proof of benefit/consent.
If insolvent, move for classification and pro rata payment under court supervision.

10) Bottom Line

A creditor cannot collect from a decedent’s estate on mere say-so. The probate court demands timely filing and competent, authenticated evidence that a debt exists, remains unpaid, and is enforceable. The abolition of the Dead Man’s Statute makes testimony about dealings with the deceased admissible, but not automatically persuasive; the Rules on Evidence still govern, and the estate can defeat poorly supported claims through foundational objections, affirmative defenses, and strict adherence to probate procedures. For both sides, success usually turns on discipline with documents, credible witnesses, and mastery of the claims calendar.