Can more than one person be an administrator when there is no will at the time of death?

there are 5 children father passed away suddenly with no will in nj

Parsippany, NJ -

Attorney Answers (3)

Lawrence A Friedman

Lawrence A Friedman

Estate Planning Attorney - Bridgewater, NJ
Answered

Yes, but you may need a lawyer. Also you probably will need a lawyer to handle tax and other estate concerns.

Lawrence Friedman, FriedmanLaw, Bridgewater, NJ, 908-704-1900. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
Martin L Bearg

Martin L Bearg

Estate Planning Attorney - Livingston, NJ
Answered

As Mr. Friedman notes, the answer is yes. Since your father did not have a will, all children have an equal right to serve, so if only two will serve, the others will have to waive their right to serve as the administrator and consent to the two who will serve to serve as co-administrators.

Because there is no will stating that a bond is waived, the two siblings serving as administrators will have to secure a security bond prior to the Surrogate issuing Letters of Administration.

I handle estate administration matters. You and your siblings may call for a free consulltaion.

The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.
Timothy Edward Kalamaros

Timothy Edward Kalamaros

Probate Attorney - Mishawaka, IN
Answered

In Indiana yes. I dont know about NJ. I think in most jurisdictions co-Personal adminstrators will be allowed by a court but I dont think you're going to convince a judge to authorize more than that. It can be a real hassle to have even two people as co fiduciaries.

No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in... more

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