Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY
§3-619. Public administrators
The Governor shall appoint in each county for a term of 4 years, unless sooner removed,
a public administrator who shall, upon petition to the court and after notice and
hearing, be appointed to administer the estates of persons who die intestate within
the county, or who die intestate elsewhere leaving property within the county, and
who are not known to have within the state any heirs who can lawfully inherit the
estate, and for whom no other administration has been commenced. The public administrator
shall have the same powers and duties of a personal representative under supervised
administration as provided in section 3-504, and except as provided in subsection
(g), shall give bond as provided for other personal representatives in cases of ordinary
administration under sections 3-603 through 3-606. If any person entitled to appointment
as personal representative under section 3-203 shall, prior to the appointment of
the public administrator, file a petition for informal or formal appointment as personal
representative, the court shall withhold any appointment of the public administrator
pending denial of the petition for the appointment of the private personal representative.
1981, c. 268, §2 (AMD)
The public administrator may be allowed fees and compensation for his services as
in the case of ordinary administration as provided in sections 3-719, 3-720 and 3-721,
except that no fee for his own services shall be paid without prior approval by the
1979, c. 540, §1 (NEW)
Pending the appointment of the public administrator, and in the absence of any local
administration or any administration by a domiciliary foreign personal representative
under sections 4-204 and 4-205, the public administrator may proceed to conserve the
property of the estate when it appears necessary or expedient.
1979, c. 540, §1 (NEW)
If, before the estate of such deceased in the hands of the public administrator is
fully settled, any last will and testament of the decedent is granted informal or
formal probate, or if any person entitled under section 3-203 to appointment as personal
representative is informally or formally appointed, the appointment of the public
administrator is terminated as provided in section 3-608, and he shall account for
and deliver the assets of the estate to the private personal representative as provided
therein, or to the successors under the will as provided by law if no private personal
representative has been appointed.
1979, c. 540, §1 (NEW)
When there are assets, other than real property, remaining in the hands of such public
administrator after the payment of the decedent's debts and all costs of administration
and no heirs have been discovered, the public administrator must be ordered by the
judge to deposit them with the Treasurer of State, who shall receive them and dispose
of them according to Title 33, chapter 41. These assets must, for the purposes of
Title 33, chapter 41, be presumed unclaimed when the judge orders the public administrator
to deposit them with the Treasurer of State.
2003, c. 20, Pt. T, §12 (AMD)
In all cases where a public administrator is appointed, the register shall immediately
send to the Treasurer of State a copy of the petition and the decree thereon, and
in all cases where the public administrator is ordered to pay the balance of the estate
as provided in subsection (e) the judge shall give notice to the county treasurer
of the amount and from what estate it is receivable. If the public administrator neglects
for 3 months after the order of the judge to deposit the money, the county treasurer
shall petition the court for enforcement of the order or bring a civil action upon
any bond of the public administrator for the recovery thereof. The records and accounts
of the public administrator shall be audited annually by the Office of the State Auditor.
1979, c. 540, §1 (NEW);
2013, c. 16, §10 (REV)
Estates administered under this section having a value at the decedent's death not
exceeding $200 shall be exempt from all notice and filing costs and from giving bond.
The cost of notice shall be paid by the court.
1981, c. 268, §4 (NEW)
1979, c. 540, §1 (NEW).
1981, c. 268, §§2-4 (AMD).
2003, c. 20, Pt. T, §12 (AMD).
2013, c. 16, §10 (REV).
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