how can a person become executor of an estate if your parent dies without a will

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how can a person become executor of an estate if your parent dies without a will

my father died without a will I was able to divide the property between the kids by going thru legal services and getting everyone to sign but the trailer finance company will not talk to me unless I am named executor what steps must I take

Asked on July 25, 2019 under Estate Planning, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can't be named "executor" since executor is the term for a person appointed by a will, and there is no will. However, you can be named by the probate court to the equivalent position (same authority and role), called either an "administrator" or "personal representative" of the estate (either term might be used). Contact the probate court's clerk's office and/or look on the court's website--you should be able to find instructions and forms to apply to be appointed to that role. As a child of the deceased, you are a logical person to appoint; and once appointed, you'll have the necessary authority.


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