An administrator during minority of the administrator refers to a person appointed to manage the estate of a deceased individual when the executor or the person entitled to general letters of administration is a minor. This role is crucial in ensuring that the estate is handled properly until the minor reaches the age of majority and can take over the responsibilities.
This term is primarily used in probate law, which deals with the administration of estates after a person's death. It is relevant in situations where the appointed executor is underage, necessitating an interim administrator to oversee estate matters. Users can manage related procedures and documents using legal templates provided by services like US Legal Forms, which are designed by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A minor inherits an estate from a deceased parent. An administrator is appointed to manage the estate until the minor turns eighteen and can assume control.
Example 2: A deceased individual had named their child as executor, but the child is underage. The court appoints an administrator to handle the estate until the child reaches the age of majority. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Administrator Requirements |
|---|---|
| California | Requires court approval for the appointment of an administrator. |
| New York | Allows for a temporary administrator to be appointed until the minor reaches the age of majority. |
| Texas | Provides specific guidelines for the appointment of an administrator in cases involving minors. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Executor | A person named in a will to manage the estate of the deceased. | An executor is usually an adult, while an administrator during minority is appointed when the executor is a minor. |
| Personal Representative | A general term for anyone who manages an estate, including executors and administrators. | An administrator during minority is a specific type of personal representative for minors. |
If you find yourself needing to appoint an administrator during the minority of an executor, consider the following steps:
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The administrator manages the estate of a deceased person until the minor executor can take over.