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You take a certified copy of the death certificate and proof of your identity to probate court and fill out a Petition for Letters of Administration. The court will tell you if you have legal standing for the position of Administrator.

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How do you go about getting Letters of Administration?

Generally, you must be qualified under your state law to petition to be appointed the Administrator of the estate. In most jurisdictions that means you need to be either an heir or a creditor of the decedent. If you are qualified then you file a Petition for Administration with the Probate Court. You will need a certified copy of the death certificate to accompany the Petition. When the Petition is allowed you will be appointed the Administrator of the estate and the court will issue Letters of Administration. After the appointment has been made you will have the authority to administer the estate and will be required to perform all the tasks required of an estate Administrator.


how do I get someone removed as the administrator of an estate?

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.


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.


How can one become the administrator of an estate in the absence of a will?

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.


How do i apply to be administrator of a sibling estate with no will?

Petition the civil court of that jurisdiction. Go ahead and contact an attorney- you will probably need one to draw up the petition to the court.


How is a county administrator involved with the sale of an estate?

If the estate of a decedent needs probating and no one has come forward to administer the estate, then the county Public Administrator may petition to be appointed the administrator. They are required to perform their duties under the law as any administrator. They would need to petition the court for a license to sell the real estate. The proceeds would escheat to the state to be placed in a fund. If an heir ever comes forward and can prove their status as an heir they can make a claim for the net proceeds.


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 probate procedure when brother dies without will?

Answer: You must file a Petition to be appointed Administrator of his estate at the Probate court where he lived. The court will provide further instructions.


Can a mother become administrator of her son's estate if he had no will?

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.


How do you obtain letters testamentary when the deceased had no will in Oklahoma?

You would need to file a petition with the court for letters of administration. The court will appoint someone to administer the estate, typically a close family member or next of kin. The administrator will then have the legal authority to handle the deceased's estate according to Oklahoma intestacy laws.


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.


If an Aunt die's and has no will and her two brothers and parents are decesed. How is her estate distributed to the brothers heirs?

The heirs-at-law need to petition the court for an Administrator to be appointed. They could decide amongst themselves whose name should go on the petition. Once the petition for Administration has been allowed and the Administrator has been appointed the probate process can begin. After the debts of the estate have been paid the remaining property will eventually be distributed to the heirs according to the state laws of intestacy. You can check your state laws at the related question link below.