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What if the Decedent Owned Only Minimal Assets in His/Her Name?

20 September 2017 No Comment

There is a simplified procedure known as a “Small Estate Proceeding” or “Voluntary Administration” which may be available when the decedent dies leaving personal property (not real estate), such as bank accounts, vehicles, shares of stock, etc. having a total value of $30,000 or less.

The person appointed to administer a small estate is referred to as a “voluntary administrator” and is usually the executor named in the decedent’s Will, or the decedent’s surviving spouse or child if there is no Will. Unlike an executor or administrator, the voluntary administrator does not have unlimited control over the decedent’s estate, but only limited authority to liquidate the specified assets, pay any expenses and distribute the remaining funds according to the decedent’s Will or to the decedent’s heirs. A voluntary administrator is not entitled to collect commissions.

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