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Can someone out of state be appointed administrator of an intestate estate?
Wiki User
∙ 13y ago
You need to check in the particular jurisdiction as state laws vary. First, a person who petitions to be appointed Administrator must qualify in the state where the estate must be probated. If the court allows the appointment it may require the person to immediately appoint an agent who lives in the state. You need to check with the court or with an attorney who practices in the state where the probate must be filed.
Wiki User
∙ 13y ago
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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.
Should the SSA be appointed as a guardian for someone who is deceased in the state of SC or should it be his spouse?
Guardians are not appointed for persons who have died. I assume you are actually inquiring about an Administrator of an estate. If a person dies intestate (without a will) and owns property, their estate must be probated. A family member should petition to be appointed the Administrator of the estate.
When someone dies leaving no family can a friend deal with the estate?
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.
What do you do with money received to the estate of the deceased and there is no will?
If the decedent had no will then they died intestate and their property must be distributed according to the the state laws of intestacy. An interested party must petition the court to be appointed the administrator of the estate. You can check the laws of intestacy in your state at the related link.If the decedent had no will then they died intestate and their property must be distributed according to the the state laws of intestacy. An interested party must petition the court to be appointed the administrator of the estate. You can check the laws of intestacy in your state at the related link.If the decedent had no will then they died intestate and their property must be distributed according to the the state laws of intestacy. An interested party must petition the court to be appointed the administrator of the estate. You can check the laws of intestacy in your state at the related link.If the decedent had no will then they died intestate and their property must be distributed according to the the state laws of intestacy. An interested party must petition the court to be appointed the administrator of the estate. You can check the laws of intestacy in your state at the related link.
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.
How do you know if you are the executer of an estate if there was no will?
If there is no will, the court will appoint an executor to handle the estate. The person appointed as the executor is typically a close family member, such as a spouse or adult child, or in some cases, a professional, like a lawyer or accountant. If you believe you are the closest living relative and should be the executor, you can petition the court to appoint you as such.
Who should settle an estate when a person dies intestate and did not know he had an adult child living in another state?
The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.
What happens when there is no Will or Executor or administrator?
The court will appoint an executor and the estate will be subject to the intestate laws of the jurisdiction.
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.
What is the difference between an Executor's Deed and an Administrator's Deed?
Although their duties and responsibilities are similar, an executor is appointed by the probate court to administer the estate of a person who left a will (testate estate). The court issues Letters testamentary in the name of the executor and those letters provide the legal authority to act on behalf of the estate in all matters. Often the executor is named in the will. However, anyone can be appointed the executor but the wishes of family will be given priority.An administrator is appointed by the probate court to administer the estate of a person who died without a will (intestate estate). The court issues Letters of Administration and those letters provide the legal authority to act on behalf of the estate in all matters. Only a qualified person can be appointed as an administrator and those qualifications are set forth in state laws. Included are creditors of the decedent.In either case, the executor or administrator must petition the probate court for appointment.The terms are different because an executor is executing the decedent's directions as stated in the will. The administrator is simply administering the estate according to state laws.
How do you open an intestate estate?
Apply to the probate court. The forms typically have a place where someone can ask to be appointed as executor. Consult a probate attorney in your jurisdiction for specifics.
What is the role of an estate administrator?
The Administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down at law. Such a person is known as the administrator of the estate and will enjoy similar powers to those of an executor under a will. A female administrator is referred to as an administratrix.
