My brother passed away with no will are life insurance.

How can i become executor to his estate. i am his sister my other brother passed away 3 years ago and my mom and I are the only next of kin.

Asked on February 24, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would need to talk to a probate attorney (also called a wills and trust attorney) to become the executor of his estate.  You may or may not need to probate his estate.  Probates are required when there are assets in dispute.  If your brother didn't leave behind many assets, you may be able to wrap up any remaining assets with affidavits of heirship.  If the only asset is an insurance police, then you need to contact the insurance company, provide them with a copy of your brother's death certificate, and then they will pay on the claim to who ever your brother designated as the beneficiary of the policy. This can be accomplished without any court involvement. 

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