What to do if my mother passed without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my mother passed without a Will?
My mother passed away last week without a Will. I need to know what to do to file as executor of her estate. There is a house and car and personal belongings. She had bank accounts that i am joint owner on. There are 3 kids other then me and 2 of them are no longer in contact. The other brother has no problem with me handling everything.
Asked on June 26, 2018 under Estate Planning, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since your mother passed without a Will, you need to go to the probate court in the county in which she died and make application to be appointed "Personal Representative". This is like an executor when there isn't a Will. If approved, you will administer the estate (pay off any creditors, inventory assets, and make arrangements for distributionn to the heirs). Also, there are procedures for adminstering "small estates" which are faster and cheaper than formal probate if the estate qualifies; you can check online for this information. Finally, as to any account on which your name appears, as the surviving owner those assets are yours outright and are not subject to probate.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since your mother passed without a Will, you need to go to the probate court in the county in which she died and make application to be appointed "Personal Representative". This is like an executor when there isn't a Will. If approved, you will administer the estate (pay off any creditors, inventory assets, and make arrangements for distributionn to the heirs). Also, there are procedures for adminstering "small estates" which are faster and cheaper than formal probate if the estate qualifies; you can check online for this information. Finally, as to any account on which your name appears, as the surviving owner those assets are yours outright and are not subject to probate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.