Administration of Estate where no Will

ADMINISTRATOR OF A DECEDENT'S ESTATE WHERE THERE IS NO WILL- DUTIES AND RESPONSIBILITIES
 Compiled by Kenneth A. Vercammen, Esq.
 When a person dies without having a Will that is called intestate.
The administration must be opened in the County where the decedent resided at his/her death.
The person who is seeking to qualify as Administrator must bring into the Surrogate's office a certified copy of the death certificate, a complete list of names and addresses of all immediate next of kin of the decedent, and an exact amount of every asset in the decedent's name alone. Your right to act as an Administrator is defined by law in the following relationship order:
FIRST - Spouse of the decedent
SECOND - Children of the decedent
THIRD - Parents of the decedent
FOURTH - Brothers and sisters of the decedent
FIFTH - Children of a deceased brother or sister
Persons having a prior or equal right to act as Administrator under the law will be required to renounce their right to act.
http://www.co.gloucester.nj.us/depts/s/surrogate/services/admaffidavits.asp

Who has the right to be appointed when an individual dies without a Will? The next of kin of the decedent have the right to be appointed.  This is determined by statute. The surviving spouse or domestic partner has the first right. Children of the decedent are next. However, any heir may be appointed assuming they obtain the appropriate renunciations from any other heir who has an equal or prior right to be appointed.
If all the children agree that one person shall serve as Administrator, the Attorney will prepare Renunciations for the other children to sign. However, if some of the children will not sign, you will need to have your attorney file and Complaint and Order to Show Cause to have you appointed as the Administrator.