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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.

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14y ago
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12y ago

Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.

Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.

Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.

Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.

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12y ago

Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.

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Q: Can an heir at law qualify to be an administrator?
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Can a person who applies for letters of administration of an intestate estate also be the heir-at-law?

Yes. In fact, a person must qualify to be appointed an administrator. One of the qualifications is being an heir-at-law.


Who can become an administrator of an estate?

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.


Your fiance died in a car crash how do you become administrator of his estate?

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.


Does a son in law qualify as heir if daughter has died?

Anyone can be listed in as an heir. And depending on how the will was written she may be inheriting on behalf of her children.


How can you be appointed an Administrator for probate?

First, you must qualify under the laws in your jurisdiction. Generally, the administrator must be an heir at law or creditor of the decedent. If qualified, you file a petition for administration at the probate court where the decedent resided.


Who is appointed administrator when intestate?

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.


What are an heir's rights regarding the actions of the administer of probate?

The heir has the right to complain to the court if the Administrator is not performing their duties promptly and according to the laws. The court can issue an order for the Administrator to act on a certain part of the probate process or can replace the Administrator if the actions are serious.


Can the administrator sell an car that's part of the estate to an heir?

yes


How is a county administrator involved with the sale of an estate?

If the estate of a decedent needs probating and no one has come forward to administer the estate, then the county Public Administrator may petition to be appointed the administrator. They are required to perform their duties under the law as any administrator. They would need to petition the court for a license to sell the real estate. The proceeds would escheat to the state to be placed in a fund. If an heir ever comes forward and can prove their status as an heir they can make a claim for the net proceeds.


Does the administrator have to pay an heir's debts before the estate is settled?

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.


Can an heir administrator force the sale of an intestate property and purchase himself at fair the faie market value after offerint the only other heir the same opportunity?

Yes.


Can an heir who is also the administrator force the sale of an intestate property and purchase himself at the fair market value after offering the same opportunity to the only other heir?

Seems like a perfectly legal situation.