Asked in Estate Planning for North Carolina

Q: Hello I was wandering my son passed away from a car accident he was 22 yrs old. Can I be the administrator of estate.

His mother and I are divorced. We live in nc.

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You would be a natural choice unless his will specified someone else or you have a rap sheet. But ultimately it is for the judge to decide.

Angela L. Haas
Angela L. Haas
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: You could be appointed as the Administrator. If she applies too, the clerk would need to decide who would act as Administrator. If your son did not live in NC when he died, then his estate would need to be administered in his state of residence, and you would need to get a resident agent to act on your behalf to accept service of key documents from the court.

Charles Evan Lohr
Charles Evan Lohr
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: You can apply in the county where he resided at the time he passed away. If his mother also applies to be appointed, then the clerk of court would decide who would serve.

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