Kearns & Kearns - Special Needs Trust, Estate Planning, Medicaid, Probate, Law Offices

Overview | Administration of a Decedent's Estate

Guardianship | Conservatorship

Special Circumstances

Dying Intestate

If the decedent has died without leaving a will, a surviving spouse, a family member, or a creditor can file an application for appointment as administrator of the decedent’s estate. The administrator has all the duties of an executor of a will, but instead of carrying out the terms of a will, the administrator follows the state’s law of intestacy in distribution of the estate among the closest next of kin.
The administrator has a fiduciary duty to use care to safeguard and preserve the assets of the estate, and to carry out the proceedings with reasonable speed. The administrator may be personally liable for any loss in the asset values during the estate settlement.

Probate for Small Estates of Less Than $20,000

Small estates are not processed through the lengthy formal probate court process if the solely owned assets are less than $20,000 and if the decedent does not have solely owned real estate.
If the assets exceed the claims and expenses, and the decedent left no will or left a will that follows the law of intestacy, the court will distribute the assets according to the law of intestacy. If the provisions of the will differ from the law of intestacy, then the decedent’s heirs must sign a written waiver of their right to contest the will in order for the court to order the distribution to those persons named in the will.