Can I become executor without going through a lawyer?

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Can I become executor without going through a lawyer?

without a will how do I become the
executor of her estate.? Without going
through a lawyer.

Asked on January 3, 2017 under Estate Planning, Alaska

Answers:

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

Answered 7 years ago | Contributor

When there is no Will that names an executor and a probate court proceeding is necessary, the court will choose someone based on a priority list, as complied under state law. Most states typically make the surviving spouse, if any, the first choice, then adult children, followed by other family members and even a friends. Assuming that you are over 18, mentally competent and not a convicted felon, you may be appointed as the "personal representative" (the equivalent of an executor when there is no Will). However, depending on the assets involved and their value, you may be able to file for a "small estate" probate procedure which is faster and less costly then a full probate. In fact, some states allow for an "affidavit" to transfer property, which by-passes the probate process entirely. You can check with the probate court in the county in which the deceased died. Also, you should be aware that some assets pass directly to the named beneficiaries, such as life insurance proceeds, TOD accounts, IRA's, etc.


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.

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