Can a fiancee file to be the administrator of the estate for her fiance if he died without a will?

Answer

In Canada and the United States if someone does not leave a Will any properties or monies can be left to government. In some cases if you seek out the advice of a lawyer you may have grounds to stop this action. This is why it is so important that people have Wills.

Unless your fiance' named you in his Will as Executrix or you had Power of Attorney there isn't much you can do. The reason for this is, you are not legally married and he could well have wanted anything he owned to go to his family such as siblings.

It is best to seek out legal counsel to see what your options are. If you lived together for more than 6 months you may be entitled to some or all of what he has left.

I am so sorry to hear about this.

God Bless Marcy

Answer

Short answer - yes! The government does not take your assets if you die without a will. State law decides who gets your assets! If there is no will, there is no executor, so the person appointed by the court to administer the estate is called the administrator. This does not mean that the finacee will get anything, but she can file to be that person.

Clarification:

In my state the fiance could not seek appointment as the administrator so you would need to check your own statutory provisions regarding the administration of intestate estates. She is not "kin" to the deceased.

In my state the person who can petition to be the administrator of an intestate's estate is as follows:

1. surviving spouse, if none then 2. next of kin or their guardian, if none then 3. the principal creditor, if none then 4. the commonwealth- a public administrator

Also in my state, if a person dies leaving no next-of-kin then the estate "escheats" to the state.

First answer by Marcy. Last edit by Kluss. Contributor trust: 79 [recommend contributor]. Question popularity: 98 [recommend question]