Q: Can't find my fathers original will (have copy). Must be named administrator instead of executor. What's the differnece?
My father passed away December 2017 with a will. It names my brother and I (only living relatives) as co-executors and heir to his estate. We cannot find the original and the courts will not probate the will without it. We can file intestate but that makes us administrators, not executors. What is the difference? We were told we would be unable to sell his home or belongings as administrators. What are the limitations as administrators?
A: As administrators several things are different. 1) you will have to post a bond with the court which isn't cheap. 2) you will not have the ability to sell the real estate until probate is completely closed out barring a request of permission with the court. However, there may be a way around that and I would recommend speaking with an attorney.
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A: If a Will tells you to sell the house, you can sell it. If the decedent is intestate, your title is Administrator/Administratrix instead or Executor/Executrix, and you petition the court for the power to sell. Petitioned correctly, particularly with consents from the intestate heirs, it will be routinely granted. You can also, as an Administrator, petition the court to recognize the copy of the Will, but there will be some hoops involved, like proving the negative, i.e., that your father didn't destroy it because he wanted the Will to be void.
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