Short answer. If the surviving spouse or next of kin neglects for thirty days after the death to apply for administration, Rule 78, Section 6 allows the court to grant it to one or more of the principal creditors, if competent and willing to serve. If no such creditor is available, the court may select another person.
What the law says
To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve
Rule 78, Section 6 — When and to whom letters of administration granted. Read the full provision →
What the law says
if the husband or widow, or next of kin, neglects for thirty days after the death of the person to apply for administration or to request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve
Rule 78, Section 6 — When and to whom letters of administration granted. Read the full provision →
What the law says
If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.
Rule 78, Section 6 — When and to whom letters of administration granted. Read the full provision →
The surviving spouse and next of kin have first priority
Rule 78, Section 6 starts with the family. Administration is granted to the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve. That is the default, first-in-line group the rule addresses before it turns to anyone outside the family.
Thirty days of inaction opens the door to creditors
The section then addresses exactly the situation you describe: if the husband or widow, or next of kin, neglects for thirty days after the death of the person to apply for administration or to request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve. So once that thirty-day window passes without the family acting, a principal creditor becomes eligible to be appointed.
If no creditor is available either
The rule does not stop the process if no creditor steps forward. It provides a further fallback: if there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select. At that point the court has discretion to appoint someone else entirely, rather than the estate being left without anyone to administer it.
What this means for your parent's estate
If the surviving spouse and children let the thirty-day period pass without applying for administration or asking that someone else be appointed, Section 6 opens the appointment to one or more of the principal creditors, provided they are competent and willing to serve. Only if no such creditor is available does the choice pass to whomever the court itself selects.