If parents die and there wad not and exectir named who is in charge of estate

Parent has no exector of their estate.
Who is in charge of estate.

Asked on December 4, 2018 under Estate Planning, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If your parent had a Will, then an executor would have been named, so I assume that your parent died "intestate" (i.e. without a Will). In such a case, a friend or family member can go to the probate court in question (i.e. the court in the county in which the deceased was domiled when they died). They can request appointment as the "personal representative" of the estate. This is the equivalent of an executor. If appointed, that person must adminster estate matters such as inventorying assets, paying off creditor claims and disrtibuting the remaining assets to the heirs.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If your parent had a Will, then an executor would have been named, so I assume that your parent died "intestate" (i.e. without a Will). In such a case, a friend or family member can go to the probate court in question (i.e. the court in the county in which the deceased was domiled when they died). They can request appointment as the "personal representative" of the estate. This is the equivalent of an executor. If appointed, that person must adminster estate matters such as inventorying assets, paying off creditor claims and disrtibuting the remaining assets to the heirs.


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