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There are 3 ways you can file a voluntary administration for an estate. Online. You can eFile a voluntary administration for an estate online. By mail. You can mail the forms and fees to the Probate Family Court in the county where the decedent lived at the time of death. In person.
During voluntary administration, the companys directors give up control to the appointed administrator. While this is beneficial for reducing the risk associated with insolvent trading, it also means company directors are unable to guide the administration process and wield control over the proceedings.
This person is called the Voluntary Personal Representative. A Voluntary Personal Representative has the authority to receive payment of debts, personal property, or assets listed in the statement, and also sell any chattel or asset to convert it to cash.
If all heirs can be located, the will is uncontested, no appraisals are needed, and the debts are easily resolved, probate can be completed in three to six months. In more complex cases, especially those involving a contested will, probate can take years to be completed.
Most commonly, the appointment is by the board. The ability for the board to appoint administrators is an important step to deal with an insolvent or near-insolvent company. Doing so may allow the board to avoid personal liability for reckless trading.
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Administration can mean your company doesnt have to pay all its debts in full - but your company can still be wound up. There are other options for handling your companys debts - you can get legal advice if youre not sure administration is suitable for your company.
If your business is failing, you may be able to save it by choosing to bring in an administrator this is called voluntary administration.
Voluntary administration is a simplified probate procedure for an estate with minimal assets and no real estate.
Letters of Administration will need to be obtained which requires filing a petition and many other documents with the Court. The petition for Letters of Administration is filed in the Surrogates Court in the county where the decedent lived.
In brief Voluntary administration is not the same as liquidation. The purpose of liquidation is to wind up a company, whereas the purpose of voluntary administration is to assess the companys viability, turn its fortunes around if possible and provide a better return to creditors if not.

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