A Study Of The Legal Status Of Estates Administrator

The legal status of estate administrator embodies his or her rights and obligations when he or she manages the estates. The estate administrator system is an important system in the inherited laws of Civil Codes in the other countries or regions. Although some Chinese scholars have studied it, there is still no detailed introduction to the estate administrator system in China, even less mentions to the legal status of estate administrator. The estate administrator is to protect the unclaimed property within a certain period. The purpose of the study of his or her status is for determining her or his rights and obligations. The paper describes the generation system of estate administrator, i. e., unacknowledged succession system, and then introduces its generation mode and conditions. This paper compares and analyzes the rights and obligations prescribed by extraterritorial legislative pattern, specific duties and the property of estate of unacknowledged succession; introduces some issues such as the choice of the administrator's legal status and the ultimate ownership of the remaining legacy in foreign legislative pattern, etc.; and gives a proposal to how to establish the legal status of estate administrator, which is consistent with the Chinese characteristics.It explains that the "legal status" stands for the individual legal rights and obligations. The legal status of estate administrator in foreign countries is different from that in Hong Kong and Taiwan. For example, the Continental Legal System prescribes the legal representatives of European heirs; the Japanese Civil formulates the heirless estate is the legal person and its estate administrator is its representative; British law prescribes that if the decedent died and left no will, and then it is necessary to designate an estate administrator. When the estate administrator is designated the estates are not inherited and the estate administrator is only the personal representative of the decedent; the unacknowledged inherited estate will be preserved on trust. In addition, there are different views on the legal status of estate administrator, such as the "statutory mandate", the "doctrine of property purpose" and the "legal representative of unacknowledged inheritance" and other opinions. Based on the real situation in China, the "legal representative of unacknowledged inheritance" meets the requirements of our legal system.