Did A Family Member Pass And Their Estate Isn't Being Managed? What .To Do To Be The Administrator
Posted on: 4 May 2018
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If you have recently discovered that someone in your family passed, and there is no one to help manage their estate, everything that they had may go to the state where they lived. If you want to become the administrator of the estate, or help settle things, you want to contact a probate attorney, like David R Webb Attorney. Here are some of the things that you should be prepared to discuss with the probate attorney, and things that you'll want to know in advance before your appointment about the estate and the matter.
Is There a Will?
You first need to find out if there is a will somewhere. You want to contact friends and family members, or try to search the house if you can get into the property. If there is a will there should be someone named the executor of the will. If there is no will, the estate will fall into the hands of probate court and you could be of some use if you can be the administrator.
Can You be an Administrator?
There are a few different things that will determine if you can be the administrator of the will. These things include:
- The deceased shouldn't have a spouse or next of kin that qualify
- You must have good credit
- Some states will not allow people with a felony to be an estate administrator
- The probate court has to approve the application
Once you have done all of the work and taken the time to fill out the application with your lawyer, you will wait to see if you are approved.
What Happens with the Estate and Funds?
Once you are appointed as the administrator of the estate you can start to manage things like debts, assets and more. You will have to make sure that all debts are paid before the estate can be closed. You may need to sell houses and vehicles, contact financial institutions, past employers of the deceased and more. You will also be paid a portion of the estate for your time spent managing everything.
If you know that the person who passed wouldn't want to see all of their lifelong earnings and assets get sold and left to the state, you want to take the time to become the administrator and take over managing the estate. Find a probate attorney and get the process started so you can start working to figure everything out.