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The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [ 2 ] or courts of ordinary.
In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. [1]
In this case the court will make the grant to the person, usually the residuary legatee, with the largest beneficial interest in the estate. Administration de bonis non administratis occurs in two cases: Where the executor dies intestate after probate without having completely administered the estate; Where an administrator dies.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
Probate researchers are hired by solicitors in the United Kingdom, or Estate Attorneys in the United States. In other countries they may be hired by notaries . It is also common for them to independently source estates classed as bona vacantia whereby research is undertaken at their own risk and expense with fees recovered via a commission ...
In the United States, county detectives or district attorney investigators are peace officers employed by the district attorney's office of their respective county. County detectives generally exist in the Northeastern United States , such as New Jersey and Pennsylvania , where the county sheriff primarily performs court-related duties. [ 1 ]
The Surrogate's Court of the State of New York handles all probate and estate proceedings in the New York State Unified Court System. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court.