When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.
Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.
Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.
In California, when a person dies without a will (intestate) or their will is deemed invalid, the probate court may appoint an administrator to manage the decedent's estate. This administrator is typically a close relative but if none is willing or able to act, the court may appoint a public administrator. The appointed administrator must be qualified and is sometimes required to post a bond, which serves as a financial guarantee for the proper administration of the estate. The court issues letters of administration to the appointed administrator, granting them the authority to collect debts owed to the estate, pay the estate's debts, and distribute the remaining assets according to California's intestate succession laws. These laws dictate the order of inheritance based on the decedent's surviving relatives. The administration of the estate may be either supervised or unsupervised by the probate court, depending on the circumstances. Supervised administration involves ongoing court oversight, while unsupervised administration allows the administrator to manage the estate with less court intervention. Whether a bond is required from the administrator can depend on the specifics of the case, including the value of the estate and the beneficiaries' preferences.