Estate executor.

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Estate executor.

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

Answers:

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. 


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