Legal Definitions - foreign administrator

A foreign administrator refers to an individual or entity appointed by a court in one jurisdiction (such as a different country or state) to manage the estate of a deceased person, particularly when that person's assets are located in a different jurisdiction. This administrator's authority is considered "foreign" in the jurisdiction where the assets are located because their appointment did not originate from a court in that specific location. To act on assets in the second jurisdiction, the foreign administrator typically needs to go through a process called "ancillary administration" or "domestication" to have their authority recognized by the local courts.

• Example 1: International Real Estate

  Scenario: Mr. Chen, a citizen and resident of Singapore, passes away without a will. He owned a condominium in London, UK. A Singaporean court appoints his sister, Ms. Lee, as the administrator of his estate.

  Illustration: In the context of managing the London condominium, Ms. Lee is considered a foreign administrator. Her authority to manage Mr. Chen's estate stems from a Singaporean court, not a British court. To sell or transfer the London property, Ms. Lee would likely need to have her appointment recognized by a UK court through a separate legal process.

• Example 2: Cross-Border Financial Assets

  Scenario: Dr. Schmidt, a German national residing in Berlin, dies intestate. He had a significant investment portfolio with a brokerage firm based in New York City. A German court appoints his son, Mr. Schmidt Jr., as the administrator of his estate.

  Illustration: When Mr. Schmidt Jr. attempts to access or manage the investment portfolio in New York, he is acting as a foreign administrator. His appointment by a German court does not automatically grant him authority over assets held in the United States. He would need to seek recognition of his appointment from a New York court to legally manage those specific assets.

• Example 3: Interstate Property Ownership

  Scenario: Ms. Rodriguez, a resident of California, dies without a will. She owned a small cabin in Oregon. A California court appoints her cousin, Mr. Garcia, as the administrator of her estate.

  Illustration: While Mr. Garcia is the duly appointed administrator in California, when he seeks to manage or sell the cabin located in Oregon, he is considered a foreign administrator in Oregon. He would typically need to initiate an ancillary probate proceeding in Oregon to gain legal authority over the property in that state.