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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.
Wiki User
∙ 15y ago
Wiki User
∙ 11y agoIf there is no agreement, then the court will allocate a lawyer to do it.
In the United States any family member can petition to be appointed the administrator of an intestate estate. Objections can be made by other interested persons. The court will hear testimony and render a decision. If the objections are not deemed to be serious the petitioner will usually be appointed.
Wiki User
∙ 14y agoYou must be a qualified person under state laws (usually a family member or creditor) and you must file a petition with the probate court asking to be appointed the administrator. If eligible you should inquire at your local probate court to obtain blank forms and to determine what must be filed with the petition for administration.
If there is no eligible petitioner then you must rely on the advice of an attorney in your jurisdiction because state laws vary on who can be appointed. In some jurisdictions only an interested person can petition for appointment and if there is none then a public administrator. In some states the court can appoint a bank or other entity if all other heirs have renounced their rights.
You should consult with an attorney who can guide you through the process and help you file the necessary documents. Once appointed by the probate court you will have the authority to settle the estate according to state probate laws and the laws of intestacy, and under the supervision of the court.
Wiki User
∙ 6y agoState laws of intestacy dictate who is qualified to administer an intestate estate. Those state laws vary. The family may choose a particular family member who then petitions for appointment with the assents of the heirs at law. In some jurisdictions only an heir at law can be appointed as the administer of an estate. In other jurisdictions the order of priority can be as follows:
- the surviving spouse of the decedent;
- other heirs of the decedent;
- a creditor;
- if there is no known spouse or next of kin, a public administrator appointed pursuant
Wiki User
∙ 14y agoThe family can petition to have a specific individual appointed as executor. If there is not an agreement, the court will appoint someone, usually an attorney.
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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 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.
How do you obtain letters testamentary when the deceased had no will in Oklahoma?
You must petition the probate court to be appointed the Administrator of the estate. If appointed you will be issued Letters of Administration.
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 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.
