ADMINISTRATORS AND THEIR DUTIES
If a man, owning property, dies without making a will, the judge
of the proper court will appoint an administrator to settle the
estate.
This is the method of procedure:
1. A person, interested in getting the estate settled, goes before
the proper judge and asks him to appoint an administrator.
2. The administrator must give the same bond as an executor. Their
duties are the same.
3. In settling the estate the administrator is governed by the
law, and by the special directions of the officer having
jurisdiction in such matters.
4. He must make a careful list of all the property belonging to
the estate. The value of the personal property is estimated by men
specially appointed by the court for the purpose and known as
"appraisers".
5. The administrator must account for every item of property that
comes into his possession.
6. All debts of deceased must be first paid, including funeral
expenses. If the proceeds of the personal property are not
sufficient for this purpose, the administrator may, if there be
real estate, sell the whole or part of it, on an order from the
court.
DEBTS
Debts must be paid in an order prescribed by law. The following is
the usual order:
1. Funeral expenses and expenses of last illness.
2. The widow's allowance or award.
3. Debts due the state or municipality.
4. Claims of other creditors.
Whatever property is left, after paying these obligatory sums, is
divided among the rightful heirs under the direction of the court,
and in the manner provided by law.
The administrator must advertise, in one or more county papers the
fact that he has been appointed to settle the estate of the
deceased, whose name is given, and he must ask that all claims be
presented within a given period, usually fixed at six months.
When the estate is settled to the satisfaction of the court, the
same authority releases the administrator and his bondsmen.
All the fees connected with the settlement are regarded as debts
and must be paid from the proceeds of the estate before closing.
THE FINAL SETTLEMENT
When the debts are paid and the residue divided among the heirs,
the administrator files his account. If it is allowed the case
ends.
The parties of interest in an estate may agree to settle it out of
court. This saves expense, but it is not the safest way.
