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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.
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∙ 13y ago
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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.
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.
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.
If person dies intestate can their property be left to one child discounting other children?
No, intestate property cannot be given to one heir because when a person dies intestate, or without leaving a will, his property is distributed according to the laws of intestacy in the state where he lived. The distribution can only be made by a court appointed Adminstrator. When there is no will, a decedent's property is owned automatically by all the heirs equally. The Administrator has no authority nor power to redistribute the property except by state laws of intestate distribution.
Can someone out of state be appointed administrator of an intestate estate?
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.
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.
Who appoints the administrator of the Northern Territory?
The Administrator of NT is appointed by the Governor-General of Australia.
How long do you have to agree on a executor if no will exists?
If there is no will then there will be no executor. When a person dies intestate, or without a will, a qualified person must petition the probate court to be appointed the administrator of the estate. That should be done as soon as possible. You should seek the advice of an attorney who specializes in probate in your area.
My stepfather's third wife is executor of his estate and refuses to probate the will or allow his heirs to even read the will Can she do this?
She is not the executor until she is appointed by a court. You don't even know if there is a will. The children should get together and petition for one of the children to be appointed the Administrator of the estate as though he died intestate. If she has a will she will produce it to stop the Administration proceeding and she will have to commence a probate proceeding to probate the will. You can check your state laws of intestacy at the related question link below. Your father may have died intestate and that could be why she won't produce a will.
What is it called when you die without a will?
Intestate. A person who dies without having made a will is said to be intestate. In that case the probate court will appoint an Administrator (when a petition for Administration is filed) and the estate will be distributed according to the state laws of intestacy, which can vary from state to state.
