If my mom passed away last month and I am administrator of her estate, can I sign administrator over to my wife?

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If my mom passed away last month and I am administrator of her estate, can I sign administrator over to my wife?

Due to work I don’t have the time to take care of everything. There are a lot of accounts to be delt with. We just want to get this taken care of asap. Also, as administrator am i allowed to close my mother’s bank accounts?

Asked on July 26, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  The fiduciary of an estate - which is what an administrator is - is appointed by the court.  So you can not just transfer the duty to another.  You would have to petition the court to resign and then she would have to apply to be appointed in your place. As the adminstrator you should have opened an estate account and then you have the power to close the other accounts.  The banks will write checks to "the estate of" for the proceeds.  Maybe hiring an attorney to help you deal with things will ease the burden.  Good luck.


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