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Even if you die without a will or an executor for your will, someone still has to manage your estate. The person who assumes this role is typically called an administrator, and each state has a method for selecting one. If you would like to volunteer to be an administrator, you’ll have to operate within your state’s probate process. While the minute details of the process differ between probate courts, the broad strokes remain the same.
A financial advisor can help you put an estate plan together for your family’s needs and goals.
Review the Estate
When you apply to the probate court it will more than likely ask for an estimated value of the estate. So before you start the application process, you should get an estimate of the estate’s worth. This isn’t an in-depth inventory of the assets. In fact, you may not even be able to, since the court hasn’t given you any authority yet. Just an estimate of the assets in the estate and their worth will suffice.
Determine the Court’s Priority for Appointment
In cases where there isn’t an executor, probate courts will appoint people according to their own priority list. These lists typically start with surviving spouses and then adult children. However, your probate court may vary, so it’s a good idea to confirm.
Say you are a sibling of the deceased and the court’s priority lists a surviving spouse and children above you. Now you’ll need to obtain written waivers from anyone above you that cede the role to you. Some states, like Oklahoma, list the surviving spouse or the spouse’s choice as the top priority. In that case, you’d need only to have the spouse give approval.
Ask the Probate Court What You’ll Need
You’ll need some supporting documentation to complete your petition for administration. Exactly what you’ll need will vary from court to court. So, it’s best to ask the court what you’ll need ahead of time. It’s safe to assume you’ll need at least the death certificate of the deceased, photo identification, asset estimates, and money to pay the filing fee. Some courts may request copies of the death certificate in addition to the original.
Obtain and Fill Out a Petition
Once you’ve prepared sufficiently, it’s time to head to the probate court and ask for the petition for administration. The appropriate probate court will likely be the court in the county where the deceased was living at the time of death.
The petition will vary slightly from court to court. However, you can count on including the deceased’s name, birth date, death date and last address, asset estimations for the estate and names and addresses of all living relatives.
Once you complete the petition and the court decides that it’s satisfactory, it will appoint you as administrator. You’ll receive the necessary authority to manage the affairs of the estate throughout the probate process. At this point you will effectively serve the role of executor, with all the obligations, limitations and fiduciary duty expected of that role.
How Assets Are Distributed Without a Will
Becoming administrator grants authority to manage the estate, but it doesn’t grant discretion over who inherits what. Without a will, state intestate succession laws dictate that decision. It follows a fixed legal formula rather than the administrator or what they believe the deceased would have wanted.
These laws generally follow a hierarchy. A surviving spouse and children typically come first, followed by parents, then siblings. It moves outward through more distant relatives if no closer family exists. But the exact shares each person receives vary considerably from state to state. This often becomes a common source of confusion for first-time administrators.
One frequent surprise involves surviving spouses. Many people assume a spouse automatically inherits the entire estate. That’s often not the case, especially when the deceased also had children. A number of states split the estate between the spouse and children according to specific percentages. This matters more if any of the children were from a relationship outside the current marriage. The exact split depends entirely on the state’s intestacy statute.
It’s also worth understanding who’s left out entirely. Unmarried partners, close friends, and stepchildren generally have no legal claim to an intestate estate, regardless of relationship. Intestate succession laws recognize only specific, legally defined family relationships. Anyone outside those categories receives nothing unless they were named in some other legal document. This typically includes a beneficiary designation on a retirement account or life insurance policy.
Because these distribution rules are fixed by law an administrator’s role is largely procedural. They identify the rightful heirs under the state’s formula, then distribute the estate accordingly. This is also exactly the kind of outcome a will is designed to prevent. When you draft a will you let someone override these default rules and direct assets according to your wishes.
Bottom Line
You can administer an estate even if the deceased died without a will or failed to specify an executor. If your relationship to the deceased doesn’t make you the probate court’s default choice for administrator, you’ll need to get permission from the relatives ahead of you in the priority order. You should also go in understanding that you have an obligation to act in the best interests of the estate and its beneficiaries. Once you’ve been granted the power of administrator, you can start the process of administering the estate, paying off debts, wrapping up affairs and eventually distributing assets to beneficiaries.
Tips for Planning Your Estate
- Want to make sure you’ve got a nice inheritance to leave to your loved ones? A financial advisor could help you put an estate plan together for your family. SmartAsset’s free tool matches you with up to three financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
- If the idea of probate courts seems like a hassle, you may want to open up a living trust. Once you pass away, your successor trustee will be able to transfer the contents of your trust to your beneficiaries without having to seek approval from the court.
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