How important is the administrator of an estate? Why is it necessary?

We may have seen a lot of Thai dramas where lawyers often read grandfather’s will that they left behind, but what would happen if Grandpa had a disruption and could not divide the inheritance? This time, ACU PAY will help you to understand the administrator of an estate.

Who is the administrator of an estate?

When a family member is dead, after reporting the death to issue a death certificate, most families often need to set up an “administrator of an estate” to manage their inheritance according to the law. More importantly, it must be a person who is ordered by the court as an administrator of an estate.

When is the administrator of an estate required?

The owner of the estate died.
Some disruptions make the owner cannot divide inheritance as follows:

Make a will but not assign an administrator of an estate
Have not make a will
The heir or beneficiary of the will is missing.
The heir or beneficiary is out of the country.
The heir or beneficiary of a will are minor
The inheritance manager cannot share the inheritance.
There’s a will, but it’s a false one.

How to appoint an administrator of an estate

If something like this happens, it is required that the person who has the right to submit a request for the establishment of an administrator of an estate is

An heir (a natural heir or a will recipient)
A stakeholder in an inheritance (e.g., creditor)
A prosecutor’s clerk

These people must apply to the Civil Court for the establishment of an administrator of an estate which can be divided into two cases:

In the case of the absence of a will

An heir or spouse may be asked to be appointed, or jointly become an inheritance manager, or another person who is not legally prohibited may be appointed.

In the case of the presence of the will and administrator of an estate has been identified.

The person specified in the will shall be the principal executor of the inheritance. If there is no objection, the court will order to set up an administrator of an estate within 2-3 months. Then, the administrator of an estate is responsible for preparing an inheritance as assigned.

What are the qualifications of an administrator of an estate?

The qualifications of an administrator of an estate must be reached at the age of 20 years old, not a lunatic, not an incompetent person, or a quasi-incapable, and not a bankrupt.

The main duties of an administrator of an estate

Once the administrator of an estate has been granted, the inheritance manager must act as follows:

Complete the account within a month from the court’s appointment as an administrator of an estate.
Complete the division of the inheritance within one year or at the time specified by the heir and court.
The administrator of an estate shall not receive special remuneration from the inheritance division except for most of the wills or heirs to it.
The administrator of an estate shall not take a stake in the inheritance for oneself.
The administrator of an estate shall not make a contract with an outsider without the consent of the heir.
The inheritance manager must carry out the profile and notify the stakeholders of the requirements.
The heir shall tell the estate and liabilities of the dead as they are known to the administrator of an estate.
The administrator of an estate must pay the debt (if any) before dividing the inheritance.

What to do if the "administrator of an estate" neglects his duties or corrupts?

The Civil and Commercial Code, Sections 1719, 1728, and 1729, states that if an administrator of an estate fails to fulfill the duties or corrupts such as concealing the inheritance to the heir or embezzling or ignoring sharing the inheritance with the heirs.

Inheritance heirs or inheritance stakeholders can request the court to take action against the administrator of an estate, such as removing the administrator of an estate, suing for division of inheritance, suing for revocation of inheritance transfer, and prosecuting a crime of embezzlement.

It can be seen that the administrator of an estate is an important person in managing and performing various inheritance-related activities, including collecting inheritance assets to divide for heirs as well as managing the liabilities of the owner, making an inheritance account, and a list of management accounts.

If an inheritor makes a will, it can be easier for him to manage things. If he does not, the steps mentioned above must be followed, so making a will that is neutral or acceptable to all inheritors from the beginning will help reduce future problems.