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Administration of Estates

The estate of a person who dies without leaving a valid will behind him is divided among his heirs by what is termed operation of law. This varies in accordance with the statutes of the different States regulating it. The distribution of the estate is made by an administrator, duly appointed by the court having jurisdiction in such cases, after being satisfied that the person proposed is legally qualified. The appointment cannot be made without the consent of the person appointed. The generally recognized rule is that any one who is capable of making a contract is competent to be an administrator. Certain classes of persons are declared incompetent by statute to act as administrator. In the State of New York, drunkards, gamblers, spendthrifts and others are ruled out as incompetent. In the appointment of administrators the relatives of the deceased are considered as entitled to administer the estate, and the order of precedence is regulated by statute. The husband is entitled to administer his wife's personal estate, and the widow her husband's, and the next of kin in the following order, provided they or any of them will accept: First, the widow; secondly, the children; thirdly, the father; fourthly, the brothers; fifthly, the sisters; sixthly, the grandchildren; and lastly, any other of the next of kin who would be entitled to a share in the distribu-- tion of the estate.

The guardians of minors who are entitled to administer may act for them in that respect. But should none of the relatives or guardians accept, the administration will be granted to the relatives of the deceased The first creditor who applies, if legally competent, is preferred; and in case no creditor applies any person who is legally competent may be appointed. In New York City the public administrator comes after the next of kin in administering the estate; but in the State the Surrogate may choose among the next of kin any one in equal degree, and appoint him sole administrator without regard to the others. When it so happens that there are several persons of the same degree of kindred to the intestate entitled to administration, they are.preferred in the following order: males to females; relatives of the whole blood to those of the half blood; and unmarried to married women. Where several persons are equally entitled, the Surrogate may appoint one or more of them, as his judgment may dictate.

Letters of administration not legally granted may be revoked. The power to administer may also be given on certain conditions, for a certain limited time, and for a special purpose.

The powers and duties of an administrator differ from those of an executor, in that the former distributes and disposes of the estate in accordance with the law, while the latter follows the will.

An administrator is obliged to furnish bonds with sureties for the faithful execution of his trust. He must also make an inventory of the goods and chattels of the intestate, according to the direction of the law. Two copies of this inventory are required, one of which must be deposited with the judge of the court, the other being kept by the administrator, who will be bound to account for the property mentioned in the inventory.

The administrator is then obliged to collect the outstanding debts of the intestate and pay the debts of the same, the order of payment being regulated by local statute.

Having settled all the debts of the intestate, the administrator will divide the remaining assets among the relatives of the deceased in the order to which they are entitled to it. In the performance of this duty he will be guided by the direction of the court.