Mississippi Judgment Appointing Administrator
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FAQ
Administrators. If no living executors are named in the will, or if the executors named can't or don't wish to act, or there is no will, then one or more beneficiaries can apply to act as an administrator. A beneficiary is appointed an administrator once a 'grant of letters of administration with Will annexed' is given
First, the person who makes the will, also known as the testator, can name an individual to be the executor. The testator would stipulate this appointment in the will. Once the testator passes away, the named executor may have to submit a petition to the appropriate probate court to be confirmed as the executor.
An administrator can be appointed by: 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 court can always remove an executor who is dishonest or seriously incompetent. By Mary Randolph, J.D. It doesn't happen often, but beneficiaries who object to how an executor or administrator is handling an estate can ask the probate court to remove the personal representative and appoint someone else.
Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will
How is an Administrator of an estate appointed? Letters of Administration can be made by the Supreme Court where a person dies without leaving a Will or without an executor. Once granted, the appointed person will be the Administrator of the estate, just like an Executor appointed in a Will.
8465. (a) The court may appoint as administrator a person nominated by a person otherwise entitled to appointment or by the guardian or conservator of the estate of a person otherwise entitled to appointment. The nomination shall be made in writing and filed with the court.
