How do I become executor of my mother’s estate?

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How do I become executor of my mother’s estate?

My stepmother passed away in a house fire and my biological father was already deceased. She had no living family; it is only my sister and myself still living. I need to know how to be executor of her estate and handle everything.

Asked on August 2, 2011 California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  What a horrible tragedy.  Is there a Last Will and Testament?  I am thinking not and that you will have to petition to be appointed as the administrator of her estate in the county in which she resided at the time of her death.  Here is my concern: if she dies intestate who are her living heirs of the estate?  Did she adopt yo and your sister?  Then you will inherit under the statute.  But if she did not then you may not be inheriting anything at from the estate.  Please seek legal help here.  The intestacy statute goes way down the line of relatives of relatives.  And finding them may not be that easy.  Good luck.


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