What Happens When There Is No Will And You Need An Administrator?

Choosing an Administrator

In the event that someone dies and they did not leave a will that precisely indicates how his/her property will be distributed, then the property is transferred under the care of an administrator. In California, the surrogate court issues letters of administration to the next of kin of the deceased.

Who Is the Next of Kin to Inherit Property?

An individual can have several next of kin but they are eligible to inherit the property in the following order: the surviving spouse, his/her children, the parents and finally the siblings. In the event that neither of these are available to inherit the property, then a family member would be eligible to do so.

In case there are two or more people who qualify to be the heir, then they can agree upon themselves on who will own the property. If not, the surrogate court will have to take up that role and choose the person they deem fit.

The Procedure of Clearing Property Through Probate

Our Coachella Valley estate administration attorney will take charge of settling the property. This includes collecting and taking charge of the probate properties as well paying all the taxes and the debts that he/she might have had. The properties that were in his name only are the ones that go through the probates process. Those that were owned jointly for example a joint bank account are not included.

Contact Our Coachella Valley Estate Administration Attorneys

It is also the duty of the administrators to get the identification code of the property from IRS and if need be, they will have to open a bank account where the deposits of all the income from the property is deposited. Once all taxes and debts have been paid, then the rest can be issued to the heir. Call a Palm Springs probate attorney from Law Offices of SBEMP if you need any assistance with the process.