Administration of estates refers to the process of managing and settling the estate of a person who has died without a valid will, known as an intestate. This process is typically conducted under the supervision of a court, which appoints a qualified individual known as an administrator. The administrator's role is to ensure that the estate is settled according to state laws regarding inheritance and distribution.
The term "administration of estates" is commonly used in probate law, which deals with the legal process of settling the estates of deceased individuals. This process is crucial in civil law, particularly in matters of inheritance and property distribution. Individuals may handle some aspects of estate administration themselves using legal templates from resources like US Legal Forms, but it is often advisable to seek professional legal assistance for more complex situations.
Here are a couple of examples of abatement:
Example 1: A person dies without a will, leaving behind a house, bank accounts, and personal belongings. The court appoints a family member as the administrator. They collect the assets, pay off any debts, and distribute the remaining property among the deceased's heirs.
Example 2: A woman passes away intestate, and her estate includes outstanding medical bills. The appointed administrator must first pay these debts before distributing any assets to her children. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Has a simplified process for small estates under a certain value. |
| Texas | Allows for independent administration without court supervision under certain conditions. |
| New York | Requires the filing of a petition for letters of administration in the probate court. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Probate | The legal process of validating a will and administering an estate with a will. |
| Trust Administration | Management of a trust's assets according to the terms set out in the trust document. |
| Intestate Succession | The distribution of a deceased person's estate when they die without a will. |
If you find yourself in a situation where the administration of estates applies, consider the following steps:
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