How do I petition the court to be executor of my deceased brother’s estate?

UPDATED: Oct 1, 2022

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How do I petition the court to be executor of my deceased brother’s estate?

My brother has just passed and my sister and I are the only next of kin to him. My sister wants to petition the court to gain legal

access to his bank acct, personal property and vehicle without me since I am out of state. Is there anyway for me to stop her and let the court know that there are 2 surviving family members?

Asked on January 11, 2018 under Estate Planning, California


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

Answered 4 years ago | Contributor

I am so sorry for your loss.  You may wish to contact an estate attorney in the state in which your brother resided.  Calling the local bar assocoation is often the best bet to ask for a referral.  Some states have rules about out of state Personal Representatives.  You sould as if you do not trust your sister.  You will have to be notified when she is appointed and you can ask to be appointed with her (if she is in state that is all the court may require for you to also serve).  Then you can monitor and be involved in the probate process.  Good luck.

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