Recently my sister died in Washington. She did not have a Will. We expect that her debts are equal or greater to her assets, so we don't expect anyone to inherit any money. There are 12 inheritors; 2 disagree on who can administer the estate. Can we still avoid probate? What if 2 people file as administrators?
Anyone can file for probate Nd the one who has the most support will likely get appointed as long as that person has good credit. The question is, if the estate is insolvent why would you want to.
Anyone can file petition to probate estate.
Probate may not be necessary or advised if liabilities exceed assets.
Co-executors/personal representatives may be appointed.
Being appointed to administer an estate in probate court imposes upon the administrator fiduciary responsibilities with responsibilities to the court, creditors, heirs, and possibly to one or more governmental agencies. Although the administrator may be paid a fee out of the estate assets and the fee may come off the top before payment to creditors, the reward is not likely to be worth the trouble in a small estate. And there will be nothing left for heirs if the debts and administrative fees exceed the value realizable in cash of the assets.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
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