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the board of directors of a company taking a majority decision. The shareholders of a company at a general meeting. A qualifying floating charge holder meaning a debenture holder, usually a bank. A creditor applying to the court (because they haven't been paid)
A court usually appoints an administrator when a person dies without leaving a will. In most jurisdictions, courts are required by statute to name the spouse of the decedent as administrator.
You don't need to hire an attorney to get letters of administration in probate. Attorneys are very expensive and charge statutory fees that are based on the value of the estate. A People's Choice can help you get letters of administration.
An administrator will take title legally on the estate's assets, and has legal responsibility to file all tax returns and pay all related taxes. In certain cases, the administrator may have personal liability for any unpaid tax amounts due for the estate.
In terms of their duties, there is no difference between an Executor vs. Administrator. An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent's estate.
To become an administrator of an estate, a close family member or friend has to apply for permission to adopt this role. If accepted, they will receive letters of administration, which gives them the authority to manage the estate as specified in the will.
Under California Probate Code, the executor typically receives 4% on the first $100,000, 3% on the next $100,000 and 2% on the next $800,000, says William Sweeney, a California-based probate attorney.
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will.
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