How is an Estate opened if there is no Will

Someone files an application to open an estate without a will and to be appointed as the administrator of the estate.  This is typically a spouse, child, or other family member.  In some cases it is an attorney applying to be the administrator of an estate.

The matter is set for a hearing.  Everyone who is an heir at law would receive notice by certified mail or waives notice.  For example, if a dad died, the heirs at law would be all of his natural and adopted children.

If all of the heirs consent to the appointment of the administrator, then the hearing is not necessary and the Court will appoint that person.  The Court will conduct a hearing to determine the suitability of the applicant to serve as administrator or pick one if two or more apply to serve as the administrator.

If you would like a free consultation, contact us with questions.

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