the condition of having died without a valid will. In such a case if the dead party
has property it will be distributed according to statutes, primarily by the law
of descent and distribution and others dealing with marital property and community
property. In probate the administration of the estate of a person without a will
is handled by an administrator (usually a close relative, the spouse, a close associate)
or a public administrator if there is no one willing to act, since there is no executor
named in a will. In most states an administrator must petition the court to be appointed
and must post a bond from an insurance company guaranteeing that it will pay the
value of the assets he/she/it may steal or misuse.
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