QUESTION
If the wife doesn't apply for administrator after the death of her spouse, can one of their children apply?
Asked on Jan 21st, 2013 on Estate Planning - New York
22 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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Depends on if there are assets to be probated - Mom would still have priority for appointment, though.
Answered on Feb 04th, 2013 at 11:08 PM
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.
Answered on Jan 23rd, 2013 at 10:52 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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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.
Answered on Jan 23rd, 2013 at 10:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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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.
Answered on Jan 23rd, 2013 at 1:19 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, assuming you are talking about a probate of an estate, and the child is an adult.
Answered on Jan 22nd, 2013 at 11:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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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.
Answered on Jan 22nd, 2013 at 8:17 PM
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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.
Answered on Jan 22nd, 2013 at 8:17 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes, but I would wait until 40 days after death.
Answered on Jan 22nd, 2013 at 2:01 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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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.
Answered on Jan 22nd, 2013 at 2:01 PM
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.
Answered on Jan 22nd, 2013 at 2:00 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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After 60 days anyone can open an estate. Be advised there are fees and reporting responsibilities for anyone opening an estate.
Answered on Jan 22nd, 2013 at 1:59 PM
Any interested party can petition to have the court start the probate process and name a personal representative/executor.
Answered on Jan 22nd, 2013 at 1:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes. You should work this out with wife, as she does have preference to be named administrator.
Answered on Jan 22nd, 2013 at 1:59 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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Yes but the spouse has priority and the court may still allow her to be the PR.
Answered on Jan 22nd, 2013 at 1:58 PM
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.
Answered on Jan 22nd, 2013 at 1:58 PM
Yes. Anyone can petition the court to open an estate and nominate themselves as the administrator (called the personal representative).
Answered on Jan 22nd, 2013 at 1:57 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Yes. It is nevertheless up to the court to determine if the application should be granted.
Answered on Jan 22nd, 2013 at 1:57 PM
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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.
Answered on Jan 22nd, 2013 at 1:57 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Yes, but in Michigan the spouse must renounce her right to be personal representative.
Answered on Jan 22nd, 2013 at 1:56 PM
General Civil Trial Practice Attorney serving Oklahoma City, OK
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Denker & Associates, PLLC
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1 Award
Yes. Any of the heirs of the decedent can apply to the Court for the administration of an estate.
Answered on Jan 22nd, 2013 at 1:55 PM
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Absolutely. In Nevada, the child must be a resident of Nevada or have a Co-Administrator who is a resident of Nevada.
Answered on Jan 22nd, 2013 at 1:34 PM
1 Award
Yes.
Answered on Jan 22nd, 2013 at 12:13 PM