Losing a loved one is profoundly painful, but what often causes the headache that follows is administering the deceased’s assets — money in bank accounts, land title deeds, vehicles, or life-insurance entitlements. If the deceased left no will naming an estate administrator, the heirs cannot carry out any transaction until there is a formal court order.
Who may petition to appoint an estate administrator?
Under Section 1713 of the Civil and Commercial Code, three groups may petition the court: statutory heirs such as a spouse, children, or parents; beneficiaries under a will; and interested persons such as a creditor of the deceased. The person to be appointed must not be a minor, of unsound mind, or bankrupt, in line with Section 1718.
Documents you need to prepare
The key documents include the death certificate, the house-registration records of the deceased and the petitioner, the marriage certificate, documents proving ownership of the various assets, and letters of consent from the other heirs. The legal team then drafts and files the petition with the court.
Court procedure and timeline
After the petition is filed, the court orders a newspaper announcement for 15 days to find out whether any other heir objects, and then proceeds to the hearing date. If everything goes smoothly with no objection, within roughly 45–60 days the court issues the order appointing the estate administrator — who then uses the certificate to distribute the assets to the heirs lawfully.
