Paralegal Advanced Competency Exam (PACE) Practice Exam

Who has the authority to administer the estate of an intestate person?

1. Court-appointed administrator

2. Family member of the deceased

3. State attorney general

4. Executor named in the will

The correct answer is: Court-appointed administrator

The authority to administer the estate of an intestate person typically falls to a court-appointed administrator. When someone dies intestate, meaning without a valid will, the court steps in to oversee the distribution of the deceased's assets according to state laws governing intestate succession. The court appoints an administrator, who is responsible for managing the estate, paying the deceased's debts, and distributing the remaining assets to the heirs as identified by law. While family members may have a role or preference in being appointed as the administrator, they must still be formally designated by the court. Additionally, the state attorney general generally does not have direct authority over the administration of intestate estates unless there is an issue with the estate that affects public interest. Lastly, an executor is only relevant in cases where a valid will exists; they are not involved in intestate cases. Thus, the court's role is crucial in ensuring a fair and legal process in handling the estate of someone who has died without a will.