Administration Proceedings FAQ
Distributees may inherit under an Administration Proceeding. Who gets what is determined by who the living relatives are and their relationship to the decedent. If there is a surviving spouse and children, then the spouse inherits the first $50,000 plus one half of the balance (excluding exempt property) with any children of the decedent sharing equally in what remains. If there are only children who survive, then they share equally. If there is no spouse or children but parents who survived the decedent, then the parents inherit. If only siblings are remaining, then they inherit. If no one is available to claim the decedent's property, then the Public Administrator of the county of the decedent claims the estate for a certain period of time before it escheats to the state.
An Administration CTA Proceeding is used when the decedent passes away with a valid Will but when the nominated fiduciaries are no longer available to serve. In this situation, the Court appoints an Administrator CTA who administers the estate according to the decedent’s wishes.
An Administration DBN Proceeding is commenced after a Administrator has been appointed to wind up an estate but who could not complete the administration of the decedent's estate due to death, resignation, or removal.