How to become administrator over my moms estate even though she is married?

UPDATED: Sep 30, 2022

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How to become administrator over my moms estate even though she is married?

My mom died without a will . She was a married but her husband has
made no steps to settle her affairs. Can I become administrator
without him signing the duties over to me ? She lived and died in

Asked on April 22, 2017 under Estate Planning, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can ask the court to appoint you administrator or personal representative (both terms are used) on the basis that no steps are being taken to settle the estate. Only the court has the authority to appoint someone to this role and give him/her the necessary power. In the lawsuit, you would name her estate and him, and you would likely have to prove his nonfeasance, or failure to act, to convince the court to appoint a non-spouse (yourself). You should be able to find instructions about where/how to file from the surrogates or probate court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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