Apply to the appropriate probate court using the correct forms. They are normally available at the courthouse or online.
Yes, they can. Often a creditor will file for an estate so they can collect their money.
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.
Yes.
To become the administrator of an estate without a will, one must petition the court for appointment as the administrator. The court will typically appoint a close family member, such as a spouse or adult child, to serve as the administrator. The administrator will then be responsible for managing and distributing the assets of the estate according to state laws.
Yes, they certainly can.
The Administrator of an estate must file an inventory listing all the assets and when the estate has been settled must file a final account that states where all the assets went. They are required to account for all money they spent or distributed. Therefore they cannot squander money from the estate. An administrator is subject to the provisions of the state laws that govern fiduciaries. They can be prosecuted for stealing from the estate or for wasting the assets. They are personally responsible for making restitution if they mishandle the estate assets. You can go to the court and review the file. If they haven't filed an inventory or account then file a complaint with the probate court. An administrator who fails to perform their duties can be removed.
No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.
No. A guardian of an estate is the person appointed by the court to manage the property of a living person (the ward) who is incapable of managing their own property. The guardian's power and authority expire immediately upon the death of the ward but the guardian must file a final account with the court that details any assets that came in to the ward's estate since the last account and any that went out.The administrator of an estate is the person appointed by the court who has the authority to settle the estate of the decedent, or the person who has died. The administrator has the responsibility and authority to file an inventory of the decedent's estate with the court and has the legal standingto file a motion to compel the guardian to file their final account.
To file for executor of an estate without a will, a person can petition the probate court to be appointed as the administrator of the estate. The court will consider the person's relationship to the deceased, their ability to handle the responsibilities of the role, and any objections from other interested parties. It is important to follow the legal process and requirements set by the court in order to be appointed as the administrator of the estate.
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.
You should check with the attorney who is handling the estate for the procedure in your particular jurisdiction. Generally, The administrator may file a claim against the estate and file the tax bill with proof of payment. They should be reimbursed from the estate before any proceeds or assets are distributed to the heirs. The issue should also be addressed in the final account for the estate.
To become the executor of an estate without a will, a person can petition the court to be appointed as the administrator. The court will typically appoint a close family member or other interested party to handle the estate's affairs. The administrator will then follow the state's laws on intestate succession to distribute the assets of the estate.