Definition - Administration
July 7, 2009
Administration is a judicial proceeding similar to a probate proceeding. The major difference is that an Administration is undertaken when the Decedent did not execute a Last Will and Testament. If there is an estate to administer, an interested party can petition the court to be appointed as Personal Representative (Administrator) for the estate. This is done by filing a Petition with the Probate Court. After the appointment of Administrator is made, the estate’s affairs can be wound up.
July 19th, 2010 at 10:41 pm
How do you file a petition to be appointed personal representative…. the Probate Court said the other heir must sign to give their permission and they refuse?
July 20th, 2010 at 2:40 am
Hi Katie,
In responding, I assume you are contacting me from South Carolina and that the other heir is in the same degree of relationship as you are with the person whose estate you want to represent.
If the above is correct, each of the heirs are equally entitled to serve as personal representative. Absent an agreement by the heirs as to who will serve, you will have to proceed by a formal proceeding, with notice to the other heir, and a hearing to be held in front of the probate judge to decide who will be most qualified to serve.
At this point, you should start thinking about having an attorney represent you. An attorney can explain the process to you and the other heirs, possibly clear up some misunderstandings or misconceptions, and work out an agreement on who will serve as personal representative. There is also a procedure available where both heirs can serve as personal representative, which can reduce the paperwork required to wind up the estate.
Absent an agreement by the heirs otherwise, the Probate Court may require a bond to be filed, which is another hurdle to deal with and will result in increased expenses. Furthermore, to obtain a bond requires a credit worthy and trust worthy individual, the bonding companies will check into personal backgrounds.
Now the disclaimer. I have done my best to generally answer your question. But it is impossible to provide comprehensive legal advice over the internet. The facts you have given me were limited, and I made several assumptions in trying to answer your question. I strongly advise you to consult with an attorney to help you. No attorney-client relationship arises from this communication.