An administrator of an estate gets appointed by the courts when:
- there is no will
- the will names an executor who won’t or can’t take on the executor responsibilities
When there is no will, the estate gets handled by intestacy laws.
The intestacy laws are different in every state.
But, in general, the courts will choose an administrator based on the size of the person’s interest in the inheritance.
It is not based on the “closeness” of that person’s relationship with the decedent.
The courts’ order of preference for the administrator of estate are:
- the surviving spouse
- children
- parents of the decedent
- principal creditors
- a third party
You can apply to be an administrator of an estate.