It is possible for the heirs of an estate to not reach an agreement on dividing the estate. In such a case, even a single heir can apply for the appointment of an estate administrator. The application does not need to be justified! This is a legal remedy for an individual heir to have the estate divided. Any of the heirs can apply for the appointment of an estate administrator. The heirs can also make the application together. Applying for an estate administrator is done by submitting the application to the district court of the deceased's last place of residence. A copy of the inventory document and the written consent of the potential estate administrator must be attached to the application.
The application for a division of the estate is filed with the district court
The District Court will serve notice of the application to the other heirs of the estate and give them an opportunity to state their opinion on the application. The applicant's nominated lawyer is usually appointed as the estate administrator. However, before submitting the application, the applicant must obtain the written consent of the lawyer who is to be appointed as the estate administrator, as no one can be appointed as an estate administrator without their own consent. Only a suitable and impartial lawyer who is not biased can be appointed as the estate administrator. This means that they do not represent or have represented any individual heir of the estate in legal matters.
If the estate is even partially unsettled (bills unpaid, assets not realised), it is advisable to apply for the appointment of an estate distributor and simultaneously request that the person proposed as distributor also be appointed to settle the estate before division.
The estate must cover the costs of the estate administrator.
The estate distributor is entitled to a fee for the task they have performed. The fee varies considerably, depending on how challenging the situation in the estate is and what actions need to be taken within the estate. The estate is responsible for the estate distributor's fee, not the shareholder who made the application.
Legal assistance with estate division
Matters relating to the division of an estate are often very complex, and it is advisable to consult a lawyer specialising in inheritance law regarding division-related matters. Their written consent is also required for them to act as an estate distributor.
Article drafted by the Advocate Tuula Rainto, Law Firm Amos. He has acted as an estate administrator in several estates.. You can always call him free of charge on 010 299 5090. You can check our price list Here.
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Role of the estate distributor in a deceased person's estatet
Sale of the property of an undivided estate
Tasks of the estate administrator