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Estate Administration Act

What is the Estate Administration Act?

The Estate Administration Act (EAA), also known as the independent Administration of Estate Act, is a set of laws that allow the personal representative to administer most of the assets of the deceased person’s estate without court supervision. The permission to administer the estate under the EAA is either given by the deceased through the will or by petitioning the court. This can be done when the probate process is started, but can also be done at any time during the probate court proceedings. An estate cannot go through the Estate administration Act if the deceased person’s will specifically prohibit this. The Experts have provided answers to the many complex questions regarding the Estate Administration Act.

Under the Estate Administration Act, can an executor gain letters of testamentary to close out bank accounts and sell security or claim life insurance proceeds?

Under the Estate Administration Act, the executor can use the letters of testamentary to close all bank accounts, security holdings, and even cash in life insurance without the court interfering with the process. The executor can also use funds from the estate to pay the estate claims and then distribute the remaining assets to the beneficiaries as the will states for them to do.

In the state of Washington, would the next of kin sibling need a lawyer to gain the executor of the deceased sibling’s estate?

In the state of Washington, the deceased sibling’s estate will be distributed through the instate succession if the sibling did not leave a will. The surviving individual would have to go through the probate court process and qualify to be the executor of the estate. The person may want to consider consulting an attorney if the surviving sibling wants to transfer the property out of the state of Washington. If the individual gains the executor of the estate, then the individual will be able to use Estate Administration Act to distribute the assets of the estate.

If a child is the administrator of a parents estate and the letters of administration have expired, do they have to renew the letter of administration before they go into housing court in the state of New York?

In the state of New York, the child would need to get a renewed letter of administration before they go into to housing court. Just like a driver’s license, a person does not have any authority over the parent’s estate until the letters of administration is renewed.

According to the Estate Administration Act, can the executor of the estate charge for doing things that are not stated in the will?

The person would want to seek the help of an attorney to go to court over this. In most cases the executor is not allowed to distribute assets in any way other than what the will says to do with the assets. The executor has the fiduciary duty to make sure that the will is followed and if they do not follow the will, then the beneficiaries need to take it to court to make sure that the executor is replaced by someone that will follow the will.

The Estate Administration Act helps beneficiaries and executors of an estate distribute the assets of an estate in accordance with the will. When the beneficiaries has questions or the executor has questions regarding the rules or the laws regarding Estate Administration Act , then they would need to seek the insight of an Expert.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
characters left:
Estate Lawyers are Online Now

How JustAnswer Works:

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Estate Lawyers are online & ready to help you now

Thomas McJD
Attorney
Satisfied Customers: 3076
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 3781
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 2188
13 yrs estate law, real estate. Wills/Trusts/Probate

Recent Estate Administration Questions

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    For a while, I've been working with a company which has a website and several domain names. Last year in August (2013), the owner's credit card started declining so I stepped in and started to pay for it on a monthly basis. In this process, I also paid for the renewal of the domain names, as well as doing a ton of work w/o getting paid. In December, tired of paying the high prices of the hosting company, I switched the hosting company to alleviate the high costs as well as transferred the domains to me. Everything is now in my name since I set up the new hosting account. I told the owner (John) what I was doing, but he pretty much disappeared. Later on, I learned from John's partner John had been embezzling funds and there is a lawsuit going on. The old company was shut down and there is a new company in it's place. Regardless, over the past 12 months (all of 2014), I've been paying for the new hosting company as well as paying for the domain renewals. Now the partner is saying I need to transfer everything to him. The only problem is the hosting account has all of my source code for the websites, code for which I have not been paid for. Questions: 1: Do I need to transfer the domains over since I've paid for the last two years? 2: Do I need to transfer the hosting company to them? 3: Do I need to transfer my source code as well? My thinking: I've been paying for everything for a while. Plus, when the old company went "belly up", those domain names were left high and dry for anyone to take, but I salvaged them and kept them safe. There has been no documentation stating who owned what when the only company closed. Thanks for your time.

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    my uncle and aunt 89 years old live in a nursing home. They have no children and get medicare and recently approved for medicaid. Their only assets are a home and car. What type of estate plan do they need?
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    hi my name is ***** ***** my sister just passed away and we found a will that left everything she has to charity. the will is registered and named my brother as the executor and it's just him and myself alive left it in our family do we have to honor giving the money to charity is my question thank you.
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