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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.
What does with will or will annexed mean when talking about an estate case summary?
An administrator with will annexed is an administrator (appointed by the court) who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve.
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.
Does a administor of a estate have to divide the estate equally?
The Administrator of the estate MUST distribute the estate according to the laws of intestacy. Their only powers of discretion may lie in devising a fair system of distribution of personal items that cannot be divided equally.Administrators are under the supervision of the court that made the appointment and must follow the laws of intestacy in making distribution. The Administrator will be held personally responsible if they violate the law. You can check the laws of intestacy of your state at the related question link provided below.
How do you know if you are the executer of an estate if there was no will?
If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.
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.
Can a creditor become an administrator of the debtor's estate?
Yes, they certainly can.
Can a creditor become an administrator of an estate?
Yes, they can. Often a creditor will file for an estate so they can collect their money.
Co-administrator of estate?
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
How can someone become the executor of an estate without a will?
To become the executor of an estate without a will, a person can petition the court to be appointed as the administrator. The court will typically appoint a close family member or other interested party to handle the estate's affairs. The administrator will then follow the state's laws on intestate succession to distribute the assets of the estate.
Can brother-in-law become administrator of deceased sister and brother-in-law's estate?
Yes
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 can someone become the executor of an estate when there is no will?
When there is no will, someone can become the executor of an estate by petitioning the court to be appointed as the administrator. The court will typically appoint a close family member or other interested party to handle the estate's affairs.
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 can someone become the executor of an estate in the absence of a will?
To become the executor of an estate without a will, a person can petition the court to be appointed as the administrator. The court will typically appoint a close family member or other interested party to handle the estate's affairs.
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.
Is becoming an administrator of a small estate where no will is found expensive?
It should not cost the administrator anything. The costs, which are fairly reasonable, are born by the estate. And the Administrator can charge for their services.
