Simple English definitions for legal terms
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When someone dies, they leave behind things they owned, like a house or money in the bank. Administration of an estate means taking care of these things after the person has died. If the person did not say who should take care of their things in a will, a court will choose someone to do it. This person is called an administrator. The court has rules about who can be an administrator, like the person's spouse or children. The administrator has to make sure the person's things are taken care of and given to the right people.
Definition: Administration of an estate refers to the management of the assets and debts of a person who has passed away. When someone dies without appointing a personal representative to handle their estate, the court will appoint an administrator to manage it. The appointment of an administrator may be governed by state laws.
Example: In Idaho, if someone dies without a will, the court will appoint an administrator to manage their estate. The following people are entitled to be appointed as administrator in the following order: surviving spouse, children, parents, siblings, grandchildren, next of kin, any of the kindred, public administrator, creditors, and any legally competent person. However, in the case of a member of a partnership, the surviving partner cannot be appointed as administrator.
Explanation: This example illustrates how the appointment of an administrator is determined by state laws. In Idaho, the order of preference for who can be appointed as administrator is outlined in the Idaho Probate Code. This ensures that the estate is managed by someone who is competent and has a legal right to do so.