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Posted on 13 Apr 2025
22472
If someone passes away,
and that person had assets while alive,
by law, someone needs to manage those assets
and distribute them to heirs.
This person is called an "estate administrator."
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In many big families,
our grandparents may have written a will,
appointing a lawyer as the administrator.
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But if there’s no will,
the children and heirs
must jointly appoint an "estate administrator"
to handle the deceased's assets.
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An estate administrator
is not necessarily someone who gets a share of the estate —
unless they are also an heir or have a legal right to inherit.
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Many people might have heard about this,
but when it happens in real life,
there are many questions, like:
How do you actually appoint an estate administrator?
What are the processes and steps?
What documents are needed?
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Come!!! Sit closer — let me break it down for you!!!
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#Qualifications
Eligibility to be an estate administrator:
Not legally incompetent
Not quasi-incompetent or insane
Not bankrupt
Over 20 years old (legal age)
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Besides statutory heirs,
those with an interest in the estate,
like creditors or co-owners,
can also apply to be administrators.
(But generally, heirs have priority.)
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#Documents
A. Documents for the deceased:
Death certificate
National ID card
House registration book
Name change certificates (if any)
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B. Documents for the administrator (applicant):
National ID card
House registration book
Name change certificates (if any)
Documents proving relationship to the deceased, e.g.,
If spouse: marriage certificate
If child: birth certificate or house registration book
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C. Documents related to the deceased's assets, such as:
Bank account passbooks
Land title deeds
Vehicle registrations
Firearm registrations
Share certificates
Intellectual property certificates
Will (if any)
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D. If the deceased has multiple heirs,
each heir must sign a consent form
allowing one person to be appointed as the administrator.
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⚠️ Note:
The consent form does not mean giving up all rights to the estate;
it’s only to approve that person to act as the administrator.
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#Appointment process
Once all documents are ready,
hire a lawyer to draft and submit the petition.
Not recommended to draft it yourself.
Not recommended to use template contracts.
If drafted incorrectly,
the court can reject the petition
and deny the appointment.
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After filing with the court,
there will be a hearing within about 40 days.
If there are no issues or objections,
the court will order the appointment.
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Then, wait another 1 month
to obtain the final case certificate.
(Some agencies require this certificate.)
Total process: around 70 days.
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Once appointed,
the administrator can take the court order
to banks, land office, transport office, and other agencies
to handle the deceased’s assets as planned.
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#QA
Q1: What if I can’t afford a lawyer?
A1: You can use free legal services at the Public Prosecutor’s Office nationwide. (Takes longer.)
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Q2: What if I can’t get consent from all heirs (e.g., some are abroad or can’t be reached)?
A2: You can still submit the petition, but the court may evaluate whether your qualifications are sufficient.
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Q3: Once appointed, how long does the administrator have to complete the process?
A3: There’s no strict deadline, but if anyone wants to object, they must do so within 1 year from knowing.
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Q4: If no administrator is appointed, can heirs directly transact the assets?
A4: No. Any contract done without proper appointment is void.
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Q5: If the deceased has no heirs, where do the assets go?
A5: They are transferred to the state.
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In reality, the topic of asset distribution
has many more details.
But for this post,
let’s focus on the process of appointing an estate administrator first.
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P.S. Estate doesn’t only mean assets — it also includes debts.
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