Who will settle a decedent’s intestate estate?
When an individual dies intestate, the court will appoint a personal representative, referred to as an “administrator.” During the 30-day period following the decedent’s death, the court can only appoint
(i) a sole beneficiary (or his designee), or
(ii) if there is more than one beneficiary, a beneficiary upon whom all of the beneficiaries agree.
During the following 30-day period, the court may appoint the first beneficiary who requests appointment, unless there is a contest between multiple applicants for appointment. Following this 60-day period, the clerk may appoint one of the decedent’s creditors or any other person the clerk believes to be competent (assuming that, if a sole beneficiary exists, certain notice requirements are complied with).