How to settle my brother’s affairs if he passed without a Will, was single and had no children?

Both of our parents are still living.

Asked on February 28, 2012 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Your brother died intestate and the intestacy statutes in your state will govern.  Generally in this situation the parents will inherit everything.  Now, some one needs to file a petition to be appointed as the personal representative of the estate in the probate court in the county in which he resided at the time of his death.  All assets are to be marshalled and all debts paid prior to distribution.  If the estate is under s acertain amount of money then it may qualify as a small estate proceeding.  Good luck to you.


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