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What happens when there is no Will or Executor or administrator?
Wiki User
∙ 12y ago
The court will appoint an executor and the estate will be subject to the intestate laws of the jurisdiction.
Wiki User
∙ 12y ago
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What happens when an estate administrator dies?
If the person left a Will the Will will identify who the administrator (executor) of the estate is to be - only this person can anministor the estate. If there is no Will then the state will appoint an administrator (there will be country specific laws relating to how this happens).
What happens if there is no benificiary for a life insurance policy?
If there is no living beneficiary then the beneficiary becomes the estate of the insured. If there is a will the administrator of executor will have the benefits to pay for last expenses and then pay out as the State Law mandates. If there is no will the magistrate or probate court will assign an administrator or executor to handle these items.
What happens if an administrator does not have mental capacity to adminster the deceased's estate?
They can be replaced by the court. A petition to the court can be submitted and a new executor appointed.
What is the difference between an Executor and an Administrator?
An executor handles the estate of a decedent who died with a will. An administrator handles the estate of a decedent who die without a will. The terms are different because an executor is executing the decedent's directions as stated in the will. The administrator is simply handling the estate according to general laws.
What does with will or will annexed mean when talking about an estate case summary?
"Will annexed" and "with will" refer to situations where a deceased person has left a valid will but without specifically appointing an executor. In such cases, the court appoints an executor to manage the estate.
If a former patient is deceased which of the following is true?
The executor administrator or personal representative may release the recordsThe executor, administrator, or personal representative may release the records
Who is responsible for filing your income taxes after your death?
The Executor or the Administrator
How do you become executor of an estate without a will?
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.
How does executor become administrator?
An Executor and an Administrator are two very different types of estate representatives.An Executor is appointed by the probate court to settle the estate of a person who died testate or with a will. An Administrator is appointed by the probate court to settle the estate of a decedent who died without a will or intestate.Someone who has been named as an Executor in a will must file the will with the probate court with a petition that the will be allowed and the Executor be appointed. The court will review the will to make certain it is technically valid under state laws and if there are no objections it will appoint the Executor. The Executor will be given the authority to settle the estate under the supervision of the probate court.In the case of no will, some qualified person must petition the probate court to be appointed the Administrator. If there are no objections the court will appoint the Administrator and that person will have the authority to settle the estate under the supervision of the probate court.In some cases and in some jurisdictions should the executor die or leave some tasks unfinished the court will appoint a successor to complete the settling of the estate. That person is called an Administrator with the will annexed or an Administrator de bonis non.
What to do when all assets stolen by sibling before estate probated?
The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.
Is a conservator automatically the executor?
No. When the ward dies someone must be appointed by the court to be the executor if the decedent had a will. If there is no will then the court must appoint an administrator.
How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.
