Intestancy Administration

Question 1

Who administrates the estate when no valid will?

Answer 1

Probate Courts appoints the administrator.

• May be selected by the unanimous choice of the heirs unless the sole heir is the surviving spouse and an action for divorce or separation was pending.
• In this case, or unanimous choice cannot be reached, the probate court will appoint as administrator the person who best serves the estate’s interests.

Question 2

Order for No Administration necessary may be issued if

Answer 2

1. Consent is given by all the heirs who are legal age and competent or consent for non-sui juris heirs is given through a guardian ad litem
2. There are no debts of the estate or any creditors consent to the order, and
3. The heirs sign and have notarized an agreement as to the distribution of the property (which is attached to the petition)