Who can serve as the administrator of an intestate estate?

In California, the administrator of an intestate estate is the person responsible for administering the estate of a decedent who died without having a will. The California Probate Code specifies the order of priority for the selection of an administrator of an intestate estate. The first person to be considered to administer an intestate estate is the surviving spouse of the decedent. If the surviving spouse is unable, refuses, or is ineligible to serve, the order of priority moves to the decedent’s children. If none of the children are able, refuse, or are ineligible to serve, the order of priority moves to the decedent’s grandchildren, or the children of any predeceased children. The order of priority continues in this way, moving to parents, siblings, nieces, nephews, grandparents, aunts, uncles, the heirs of any predeceased person, and then to the Public Administrator of any county. In the event that the Public Administrator is the only remaining qualified person to serve, the court may appoint a private citizen to serve as the administrator, taking into consideration the size of the estate and the experience of the person appointed. In addition to the persons specified in the Probate Code, the court may also reconsider a prior refused appointee to serve as the administrator. In summary, the order of priority for the selection of an administrator of an intestate estate in California starts with the surviving spouse and proceeds through descendants, parents, siblings, and other relatives of the decedent, before moving to the Public Administrator. The court has the power to appoint a private citizen, as well as to reconsider a prior refused appointee, so long as it does not conflict with the priority list in the Probate Code.

Who can serve as the administrator of an intestate estate?

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