If the wife doesn't apply for administrator after the death of her spouse, can one of their children apply? 31 Answers as of February 04, 2013

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DOUGLAS A. TULL, P.C.
DOUGLAS A. TULL, P.C. | Douglas A. Tull
Depends on if there are assets to be probated - Mom would still have priority for appointment, though.
Answer Applies to: Michigan
Replied: 2/4/2013
Jensen Law Group, Ltd | Greg L. Jensen
Yes. Happens all the time. They would apply to be appointed Special Administrator and have authority to round up bank accounts, file the will, open safe deposit boxes, etc. They would NOT be entitled to take money for themselves but must report their work to the probate court and follow the court's instructions. To be appointed Special Administrator is pretty simple but usually involves help from an attorney.
Answer Applies to: Nevada
Replied: 1/23/2013
Edward L. Armstrong, P.C. | Edward L. Armstrong
Yes, if the surviving spouse does not apply within the period allowed after death (the time period is very short, like 20 days) then one of the children can apply to be personal representative. The child would need to retain counsel.
Answer Applies to: Missouri
Replied: 1/23/2013
Frederick & Frederick PLC | James P Frederick
Yes, if an estate needs to be opened. Often, it does not. Whether it does in your case depends on whether or not there were assets titled in the father's name alone. This is relatively unusual. If there is a Will, it provides for the order of priority in acting as PR. If there is no Will, then State law does so.
Answer Applies to: Michigan
Replied: 1/23/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Yes, assuming you are talking about a probate of an estate, and the child is an adult.
Answer Applies to: California
Replied: 1/22/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Yes, however, the spouse must sign a waiver renouncing her right to act as administrator and consent to the child to act in that capacity.
    Answer Applies to: California
    Replied: 1/22/2013
    James Law Group
    James Law Group | Christine James
    Yes but if the wife decides to hire a lawyer and file a petition that competes with the child's petition, the wife will get the administration as she has priority.
    Answer Applies to: California
    Replied: 1/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would first like to have the details of the decedents estate, if any. It is quite possible that all of his assets have gone to her by operation of law and therefore no administrator or executor is required.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Hamblin Law Office | Sally Hamblin
    Yes, but court has to approve it. If wife is named executor of a will, wife must decline and court select one.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Having not indicated which state this involves, in general most states will permit the children of a decease parent to petition for appointment as administrator.
    Answer Applies to: California
    Replied: 1/22/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Yes, but I would wait until 40 days after death.
    Answer Applies to: California
    Replied: 1/22/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, if the spouse does not apply for administration after the death of the husband, then one of the adult children can apply. However, unless the child gets the consents from all the beneficiaries, the matter may have to be set for hearing as to who the court will appoint the personal representative.
    Answer Applies to: Missouri
    Replied: 1/22/2013
    Law Offices of Frances Headley | Frances Headley
    Yes, under the law the spouse is first in order of preference followed by the children to be named to administer the estate of someone who dies without a will.
    Answer Applies to: California
    Replied: 1/22/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    In Florida, any interested person can open an estate. The question is, what is there to probate? If the decedent and spouse owned everything jointly, then there is no reason to open a probate because all the assets will automatically belong to the surviving spouse.
    Answer Applies to: Florida
    Replied: 1/22/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Yes. You should work this out with wife, as she does have preference to be named administrator.
    Answer Applies to: Oregon
    Replied: 1/22/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    After 60 days anyone can open an estate. Be advised there are fees and reporting responsibilities for anyone opening an estate.
    Answer Applies to: Delaware
    Replied: 1/22/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Any interested party can petition to have the court start the probate process and name a personal representative/executor.
    Answer Applies to: Nebraska
    Replied: 1/22/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Absolutely. In Nevada, the child must be a resident of Nevada or have a Co-Administrator who is a resident of Nevada.




    Answer Applies to: Nevada
    Replied: 1/22/2013
    DENKER & BUTLER, PLLC | RICK DENKER
    Yes. Any of the heirs of the decedent can apply to the Court for the administration of an estate.
    Answer Applies to: Oklahoma
    Replied: 1/22/2013
    Robert E. Giffin | Robert E. Giffin CPA
    Yes.
    Answer Applies to: Ohio
    Replied: 1/22/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If a surviving spouse does not want to exercise the priority of being the personal representative of the estate, the next priority would be the deceased person's children. In order for only one of those children to serve, they probably need to have the surviving spouse and the other siblings "waive" their own right to be appointed. I recommend you consult with an attorney to discuss this matter in greater detail.
    Answer Applies to: Arizona
    Replied: 1/22/2013
    Marcus Kroll
    Marcus Kroll | Marcus Kroll
    Yes.
    Answer Applies to: New York
    Replied: 1/22/2013
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    Yes but the spouse has priority and the court may still allow her to be the PR.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Assuming the child is over the age of 18, and has no felony conviction and is otherwise competent, yes. It would help if all heirs agreed to the child acting as the applicant.
    Answer Applies to: Texas
    Replied: 1/22/2013
    Alexander Law Associates, PLLC
    Alexander Law Associates, PLLC | Sandra Alexander
    Yes. Anyone can petition the court to open an estate and nominate themselves as the administrator (called the personal representative).
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    Yes, if there is no will and 45 days after the death, a child can apply. They must live in the State of Alabama and be bondable.
    Answer Applies to: Alabama
    Replied: 1/22/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    Yes. It is nevertheless up to the court to determine if the application should be granted.
    Answer Applies to: California
    Replied: 1/22/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    The spouse of the Decedent doesn't have to be the Administrator. If probate is requested ,the CT may appoint someone besides the spouse to administer the estate.
    Answer Applies to: Georgia
    Replied: 1/22/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Yes. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 1/22/2013
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