What to do if my father died without a will and had a checking and savings account and a few personal items?

UPDATED: Mar 18, 2013

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What to do if my father died without a will and had a checking and savings account and a few personal items?

No one else is on the bank accounts and there is medical bills coming in. What do we do to get these paid and then divide up the left over amount? He did ask me to be executor of his estate but nothing was written down.

Asked on March 18, 2013 under Estate Planning, Nebraska


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

Answered 10 years ago | Contributor

I am so sorry for your loss.  So if there was no Last Will and testament then he is said to have dies "intestate" and the intestacy statutes in Nebraska will apply for the distribution of his estate.  You can file a petition to be appointed as the personal representative of the estate (sometimes called an Administrator in an intestate estate) and then you would be the one to settle the debt and distribute the assets.  If the estate is under $50,000 then there is the option of a small estate probate in your state. Good luck.

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