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Certainly. The family can agree on a person, or the court will appoint one. If no one 'volunteers' or if the family can't agree, the court will appoint an attorney or bank to serve in that capacity. They will value the estate, pay off all debts, file taxes and then distribute the remainder according to the state's intestacy laws.
What else can I help you with?
How do you redeem travelers checks of deceased owner?
You need to be appointed Administrator of the estate.
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.
Can the administrator of an estate sue the estate?
You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.
Who is appointed administrator when intestate?
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.
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 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.
Is it possible to cash a check payable to the estate of?
You cannot cash such a check unless you have been duly appointed by the court as the Executor or Administrator of the estate.
How can someone file for executor of an estate without a will?
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.
How do you prove executor of estate after death with no will?
There is no executor if there is no will. An executor is appointed by the court to carry out the provisions in a will once the will has been approved by the court. When there is no will an Administrator must be appointed. A qualified family member must petition the probate court to be appointed the Administrator of the estate. You should consult with an attorney who specializes in probate law or inquire directly at the probate court.
Who distributes estate of a deceased person?
The estate of a decedent is distributed by the court appointed fiduciary for the estate. If the decedent made a will the court will appoint an executor. If the decedent had no will the court will appoint an Administrator.
Can a daughter apply to be an executrix of estate with no will?
The correct office that the daughter could apply for is 'Administrator'. An 'Executor' is only appointed when there is a will.
Can a court appointed Administrator sell decedent's car?
Yes, a court-appointed administrator can sell a decedent's car as part of the estate's assets. The administrator is responsible for managing and distributing the estate according to the decedent's wishes and applicable laws. However, they must follow legal procedures, which may include obtaining court approval for the sale, especially if the estate is subject to probate. It is also essential to ensure that any debts or obligations of the estate are addressed before the sale.
