Seeking administration of an estate

[Ash]

Can anyone clarify this situation?

In the estate of a parent who died without making a will, if a family has not agreed on matters (including legal fees), is it lawful for one of the family to apply for administration without informing the other family members or having their agreement or authority to do so?

When dealing with the second deceased parent's estate, how usual or unusual would it be for the person seeking administration to also seek administration of the first deceased parent's estate at the same time?

Your knowledgeable input would be appreciated.

 

[mf1]

In the estate of a parent who died without making a will, if a family has not agreed on matters (including legal fees), is it lawful for one of the family to apply for administration without informing the other family members or having their agreement or authority to do so?

Yes.

When dealing with the second deceased parent's estate, how usual or unusual would it be for the person seeking administration to also seek administration of the first deceased parent's estate at the same time?

Depends on circumstances. May need to be done if there are unadministered assets in the estate of first deceased.

Every case is different. Usually.

mf

 

[Ash]

Original query: "In the estate of a parent who died without making a will, if a family has not agreed on matters (including legal fees), is it lawful for one of the family to apply for administration without informing the other family members or having their agreement or authority to do so? "

mf1 said: "Yes."

Is a majority of family members not required to agree?

 

[Vanilla]

No. Where parents are dead, and children remain, the children are all equally entitled to apply without reference to each other. Therefore whoever is quickest off the mark...