How do I go about getting appointed as the executive of my sister’s estate?

UPDATED: Oct 1, 2022

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How do I go about getting appointed as the executive of my sister’s estate?

My sister entered the hospital thinking she had an upper respiratory infection and was soon told she had small cell lung cancer that had spread all over her body. In a matter of days she became incapacitated to the point that she could not sign a power of attorney paper.I am the only person she has to take care of her affairs and she verbally told me to please take care of her affairs if anything happened to her.She gave my all of her personal information and told me what her wishes were. But due to the rapid decline in her health, she was unable to get anything in writing. She passed away two weeks later. What can I do to avoid probate?

Asked on October 25, 2018 under Estate Planning, Florida


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

Answered 4 years ago | Contributor

I am so, so sorry for your loss.  If you are the next of kin and she has no hisband or children then you can Petition the Court to become the Personal Representative of her estate.  She dies "intestate" so the intestacy laws will apply.  Go to the Probate Court in the County in which she resided at the time of her death and see if they have forms for you.  If she has no spouse or children and your parents and grandparents are no longer alive then you and any other siblings ("lineal descendents") will inherit everything.  Good luck.

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 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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