Q: In probate who designates the surviving descendants as administrator - the courts 4 siblings or ? Can any of us apply?
No will, only verbal designation. Deceased resident of Albuquerque New Mexico
A: You need to ask an attorney in New Mexico. This is where the Will will be probated.
A: The law of the state of residence where the decedent dies governs. Appointment of an executor or personal repesentative is set forth by statute. In an estate with no will (known as an "intestate" estate) a typical state's satute would list, in order of priority, those persons who qualify for appointment by the court. It requires that each person who would like to be appointed file a petition asking for appointment. The court then looks to the statute as to which such persons have first priority of appointment, and then considers any legally disqualifying circumstances (such as conviction of certain crimes), and any objections from other interested persons (generally, heirs of the estate) to the appontment of any particular petitioner (which may involve allegations that a particular petitioner is incompetent or untrustworthy in financial management of estate assets). When more than one petitioner for appointment are in the same class of priority (e.g., childen of the deceased typically have equal right to appointment), and they cannot agree on who will serve, then the court will decide. If all heirs agree, they can sign consents to one of them to act as executor/personal representative, and avoid a court hearing. How that is done depends on the procedure in the state probate court. Many probate divisions have preprinted forms. Your answers, however, will need to come from a New Mexico lawyer familiar with the laws of that state.
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