May voluntary administration be used for real property (land)?
- Yes, voluntary administration may be used for the sale of real and personal property plus non-testamentary assets such as causes of action, anticipated or pending, provided that they do not exceed $30,000.
Who may serve as a voluntary administrator?
- If the decedent dies with a valid Will, then the Court will appoint the Executor as the voluntary administrator. If the decedent dies without a valid Will, then priority is given to the surviving spouse, then to an adult child, parent or sibling, in that order.
What must I do to be appointed and perform my duties as a voluntary administrator?
- The Petitioner must file an affidavit along with a death certificate of the decedent. The petitioner must list the specific assets with corresponding values on the affidavit and must send notices to all heirs of the decedent. Once the court appoints the voluntary administrator, he will receive a certificate to collect for each asset. The Voluntary Administrator will also need to open an estate account in order to collect and place each of the decedent's assets, from which he will pay estate expenses such as funeral and legal bills. The remaining assets will then be distributed by the Voluntary Administrator to the beneficiaries and the Voluntary Administrator will file a final accounting.