The person appointed by a court to administer the estate of a decedent and who was not nominated by the decedent as his/her personal representative, usually because the decedent died without a Will.
At Phinney Estate Law we represent a lot of administrators in their work probating estates. Often an administrator is appointed because there was no will. Sometimes there is a will but the named Personal Representative has predeceased the decedent or is unable to serve.
Whenever we work with an administrator, we work hard to present a case to the court, hopefully with the cooperation of all the family, to allow that person to serve without court intervention so that they can take advantage of that cheaper and simpler probate process. Sometimes it simply isn't possible under the law, which means that probate will cost an average of ten times as much to administer. Even when it is possible to get non-intervention powers, the work required to get it approved makes the legal fees at least double what it would have been with a Will that appointed an appropriate personal representative. Which is why a Will is always a good investment for a family.
There is a statute that lays out who is entitled to serve as administrator, the timeline for their retaining the privilege to serve, and limitations on their serving with non-intervention powers. If you have lost someone in your life and think you might be entitled to serve as the administrator of their estate, you should contact an attorney as soon as possible to see if you are entitle to serve and what needs to be done to start the process. At Phinney Estate Law we can answer these questions at a free 1/2 hour consultation.
Contact us (206) 459-1908 or [email protected].