It is settled that "the law favors testacy over intestacy" and hence, "the probate of the will cannot be dispensed with Article 838 of the Civil Code provides that no will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. Thus, unless the will is probated, the right of a person to dispose of his property may be rendered nugatory." In a similar way, "testaye proceedings for the settlement of the estate of the decedent take precedence over intestate proceedings for the same purpose."
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