Yes, they certainly can.
Yes, they can. Often a creditor will file for an estate so they can collect their money.
Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.
State laws govern who may qualify to be appointed the administrator of an estate. Generally, one must be an heir at law or a creditor of the decedent. You need to check the laws in your jurisdiction. You can inquire at the probate court or consult with an attorney who specializes in probate law.
A creditor might be able to assert some sort of claim to the portion of the estate going to the heir if the Administrator is served with notice of a judgment. Remember, the Administrator is wholly responsible for every dime spent and is also accountable for their actions regarding paying debts.
In some jurisdictions, a cousin may be allowed to become an administrator of an estate if they are eligible and meet all the legal requirements. However, the specific rules and regulations may vary depending on the location and circumstances of the estate. It is advisable to seek guidance from a legal professional to determine the eligibility and process for appointing a cousin as an administrator.
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
Yes
You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.
State laws vary on who can be appointed the administrator of an estate. Generally, the surviving spouse is favored. If there is none or they decline, a child or other heir at law. Generally, it must be someone who is an interested party. A creditor can be appointed.
In the settling of the estate, the court appointed Administrator has all the power, by law. She has the authority and responsibility to settle the estate according to state law under the supervision of the court. The heir-at-law has no power. If the Administrator is not performing her duties the heirs can request she be replaced. However, one of the reasons the law provides for the appointment of an estate representative is to avoid disagreements among heirs and have one person in charge.
If the decedent left a will a friend can petition to be appointed the executor if there are no relatives. When there is no will the laws vary from state to state. Each state has a schedule of persons who are qualified to be appointed an administer of an intestate estate. Generally the administrator must be a person who would inherit from the estate, a creditor or a public administrator if there is no other qualified person.
The estate is responsible for the debts of the deceased. The executor is not personally responsible for them.