Person with no relations with the decedent files a petition to be an administrator in a probate hearing?

Question

For a property. Can petitioner do this without a will & no relations with the decedent? This is in Los angeles county.

Answer 1

Without a REALLY good reason why, and no evidence from the decedent that this was the intention (such as a will, as you mentioned), I doubt it would be awarded.

If you are not the petitioner, I would contact an attorney who specializes in wills, estates, etc. to find out for certain. If there is a lot of sentimental value or monetary value, and it's important enough to you (if you are family), seriously consider hiring an attorney.

Answer 2

In most states, there is a hierarchy of who can be appointed by the Court to serve as the administrator of a decedent's estate where there is no will. Often, this has been established by statute. I am most familiar with Pennsylvania's statute, and I am using it by way of illustration.

Pennsylvania's statute is 20 C.P.S § 3155. Persons entitled.

b) Letters of administration.--Letters of administration shall be granted by the register, in such form as the case shall require, to one or more of those hereinafter mentioned and, except for good cause, in the following order:

1. Those entitled to the residuary estate under the will.
2. The surviving spouse.
3. Those entitled under the intestate law as the register, in his discretion, shall judge will best administer the estate, giving preference, however, according to the sizes of the shares of those in this class.
4. The principal creditors of the decedent at the time of his death.
5. Other fit persons.
6. If anyone of the foregoing shall renounce his right to letters of administration, the register, in his discretion, may appoint a nominee of the person so renouncing in preference to the persons set forth in any succeeding paragraph.
7. A guardianship support agency serving as guardian of an incapacitated person who dies during the guardianship administered pursuant to Subchapter F of Chapter 55 (relating to guardianship support.)

(c) Time limitation.--Except with the consent of those enumerated in clauses (1), (2) and (3), no letters shall be issued to those enumerated in clauses (4) and (5) of subsection (b) until seven days after the decedent's death.

(d) Death charges.--Notwithstanding the provisions of subsections (a) and (b), the register shall not grant letters testamentary or letters of administration to any person charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with voluntary manslaughter or homicide, except homicide by vehicle, in connection with a decedent's death unless and until the charge is withdrawn, dismissed or a verdict of not guilty is returned.

Consult with your attorney to see if California practice is similar.

Answer 3

Anyone can file, however the court will only listen to those that the law gives standing to ask to administrate the estate.

ie I could file, but the court isn't going to listen to me since under the law I have no right to ask to administrate the estate.

Answer 4

Sure they can file but it's doubtful they will be successful.