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Dependant Administration Questions

What is dependant administration?

Dependant administration is a type of estate administration where most of the process is dependent on the approval of the judge of the probate court. An administrator is appointed by the probate court in this kind of administration. This individual may provide the court with reports at regular intervals and obtain the approval of the judge before taking any kind of action. The main purpose of this kind of administration is that it may protect the rights of the beneficiaries. However, depending on the size of the estate, dependant administration can sometimes be very expensive.

Under what circumstances would a court grant dependant administration of the estate?

The court may grant dependant administration if there are disputes within the family and there is no agreement among the family members about how to administer the estate, if the estate is covered in a lot of debt, if the creditor requests to grant dependant administration or when the probate process is initiated by the creditor. In such situations, the beneficiary of the estate may be able to serve as a dependant administrator. However, he/she may have to take the court’s approval before taking any kind of decisions for the estate.

What are the different actions for which a dependant administrator may be required to take the court’s approval?

A dependant administrator may have to take the court’s approval for almost every action that this individual may have to take while administering the estate. Some of the things for which a court approval may be required are the sale of real estate, sale of cars and personal property, repayment of debts, payment of administration expenses and payment of fees to any professional related to the estate. The administrator may have to submit a written application to the court and provide copies of invoices or any other documents to support their request for permission to carry out these tasks.

What is the process of payment to creditors in an estate that has dependant administration?

The creditors may have to follow a specific procedure that has been put forth by the probate court to claim payment in a dependant administration. They may have to submit a claim of payment with all the required information. There may be a definite time frame within which they can be paid and the creditors may have to take steps to make sure that they are paid within that time. If the creditor fails to follow these steps, the estate may not be liable to pay him/her.

How can the assets be transferred from a deceased person to their spouse if there was no will?

If there is no will, the spouse may have to apply for dependant administration of the estate. This individual may have to hire a lawyer to petition the court. If the deceased person had any other heirs, they may have to waive their rights to inherit the estate in writing. The court may then approve the other heir’s waiver and make the spouse the sole heir. Since there was no will present, the court may have to approve all the actions of the dependant administrator.

A dependant administrator may require court approval for any important action regarding the estate. It is important for you to know how dependant administration works if you have been chosen as an administrator of an estate. You may consult an Expert if you need any information about dependant administration of an estate.
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