If my mother passed away without a Will and left 3 living adult children some property we’d like to sell, do I need an attorney to be named executor of the estate or can I do it myself?

She had a small house on a small piece of property.

Asked on January 6, 2013 under Estate Planning, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no Will then the mother could not have left the children any property in a document unless there was a trust. In such a situation where there is no trust or Will an intestacy proceeding needs to be filed by an interested party where the court under your state's intestacy laws sets forth who gets what assets of the mother where if there is no spouse, then the children should get such.

An attorney does not have to be retained but usually people at least consult with one for help.

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