Get Legal Help Today
Secured with SHA-256 Encryption
My father has recently passed. My mother and brother (both deceased) are listed as executor. I am (son) listed as equal share in estate. Who is the executor? The only asset is a stock certificate worth approx. $12,000. How can stock be sold?
Asked on June 25, 2009 under Estate Planning, New Hampshire
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Well if all the named executors are deceased you can apply for the position of Fiduciary. You will have to prove the death of the others. New Hampshire recognizes that some Estates are small and can go through an expedited probate process. New Hampshire recognizes a summary administration proceeding. You may order the Summary Administration where the the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent. This all sounds very complicated, I am sure. Usually the small estate is $10,000. You can get a free booklet on Probate in New Hampshire at www.courts.state.nh.us/probate/estate.htm I would also suggest that you go down to the probate court in the county in which your parents lived and speak with a court clerk. They are very helpful.
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.