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How does an administrator manage an estate when there is no will?
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Inheritance
Members of a kibbutz weaving fishnets, 1937.
When an individual dies without a will, they are considered to have died intestate. In this situation, a probate court appoints an administrator to manage the estate, as there is no executor named to carry out the terms of a will.1
The administratorās role is to act as a fiduciary, meaning they are legally obligated to act in the best interests of the estate and its beneficiaries. Their primary responsibilities include:1
- Appointment: The court typically selects an administrator from a statutory list of interested persons, usually beginning with the surviving spouse, followed by other relatives in the order of their right to inherit.2
- Asset Management: The administrator must identify, value, and collect the estate's assets, which may involve transferring them into the name of the estate.12
- Settling Obligations: They are responsible for notifying creditors, paying outstanding debts, and handling tax filings using estate funds.12
- Distribution: Once debts and taxes are satisfied, the administrator distributes the remaining assets to the heirs according to state law, rather than the instructions of a will.12
Because this process involves significant legal and financial responsibility, it is often advisable to seek the assistance of a lawyer.2