New York
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
No. The court will appoint an administrator if there was no Will.No. The court will appoint an administrator if there was no Will.No. The court will appoint an administrator if there was no Will.No. The court will appoint an administrator if there was no Will.
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.
No, there is not a residency requirement. You may have to post a bond for the court.
First let's clear up the basics. The court appoints the Administrator and the court generally favors the surviving spouse. The Administrator will settle the estate under the supervision of the court and according to the state probate code. The answer depends on how the law suit is filed. It can be filed by the surviving spouse as an individual or by the Administrator of the estate. If filed by the estate, the Administrator will represent the estate in the court action. Any award will be paid to the estate and will be distributed as intestate property according to the intestacy laws in your state. You can check your state at the related question link provided below. You should consult with an attorney who can review this situation and explain your rights and your options.
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).
If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.
In the absence of a will, the probate court would typically appoint an administrator to handle the estate. The mother may be able to petition the court to become the administrator if she is next of kin and meets the legal requirements.
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.
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.
An administrator can always decline to act in their position. The court will replace them.
If the co-administrator is not performing their duties you can petition to have them removed at the same court that made the appointment. You must provide the reasons for the request on the petition for removal.