An administrator of a decedent's estate is an individual appointed by a probate court to manage and settle the estate of someone who has died without a will (intestate) or when a valid will exists but does not name an executor. This role involves overseeing the distribution of the deceased's assets, paying debts, and ensuring that the estate is settled according to state laws.
This term is primarily used in probate law, which deals with the administration of estates after a person's death. The administrator is responsible for various tasks, including:
Individuals can often manage these processes with the help of legal templates and forms available through services like US Legal Forms, which provide tools for self-administration.
Here are a couple of examples of abatement:
Example 1: John passes away without a will. The probate court appoints his sister, Mary, as the administrator of his estate. Mary will manage John's assets, pay his debts, and distribute what remains to John's heirs.
Example 2: Sarah dies leaving a will, but the named executor is unable to fulfill the role. The court appoints an administrator to oversee the estate's settlement and ensure compliance with the will's directives. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Administrator Process |
|---|---|
| California | Requires a petition for letters of administration to be filed with the probate court. |
| New York | Involves a similar petition, but the process may require additional documentation based on the estate's size. |
| Texas | Allows for a small estate affidavit in certain situations, simplifying the process for smaller estates. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Executor | A person named in a will to manage the estate of the deceased. |
| Personal Representative | A general term that can refer to either an executor or an administrator. |
| Trustee | An individual or organization that holds and manages assets in a trust for beneficiaries. |
If you find yourself needing to serve as an administrator of a decedent's estate, consider the following steps:
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An administrator is appointed by the court when there is no will or executor, while an executor is named in a will to manage the estate.