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Question

If an administrator dies before the estate is completely settled what are the steps for establishing a new administrator?

Submitted: 18 days and 7 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
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Optional Information

State/Country relating to question: Tennessee

Posted by Law Pro 18 days and 7 hours ago.

Info Request

What has to happen is that someone else has to be appointed by the court as the personal representative and finish the probate of the estate.

 

Who died and are there any children of the deceased that would want to administer the estate?

 

Does everyone want to administer the estate or no one wants the job?

 

Is there money in the estate - or are assets greater than liabilities?

18 days and 6 hours ago.

Reply

An older sister died and was named in the will to administer the will. The will was probated in 1986. All of the estate was settled except real Estate. The older sister had one child and she inherited her Mother's estate. My understanding is that she is entitled to 33.3% of the property but does not have a voting right as to the disposal of the property. There were 3 children that was named to inherit the estate. I am the next oldest chid and have power from my sister to write checks on the bank account, We have operated the estate mainly in rental of a house that is a part of the real estate. Profits from the rental have been divided and appropriate income taxes paid on the profits from the enterprise since 1986. There is a meager bank account that expenses have been paid from. The account has been held as a seperate account for the express purpose of paying expenses for the real estate. Since I have ability to dispense checks for expenses, I probably would be the chocie to finish the disposal of property.

Accepted Answer

It would seem that you would be and are the logical choice to finalize the administration of the estate.

 

So, what you must do is file a petition with the probate court for you to be named the administrator of the estate of ______ (your mother). Within the petition explain what has happened with the estate (who was the decedent, who were the heirs, when it was opened, what the estate consisted of, who started the administration) and that the administrator of the estate has died and the estate administration needs to be completed. As such, you would like to be the estate administrator to finalize the estate.

 

What you should do is contact the probate court and ask when you can present the petition. Thereafter, you need to serve copies of the petition on all other heirs and inform them of when your going to present the petition before the probate court.

 

If no one objects (or even if they do object) the court will appoint you the administrator of the estate to wrap up matters and close it out.

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Expert: Law Pro
Pos. Feedback: 98.9 %
Accepts: 
Answered: 11/4/2009

Attorney

19 years experience in estate and trust planning, probate, and wills

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