How do you name someone executor if there is no Will?

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How do you name someone executor if there is no Will?

My friend just died. Her son was her caretaker for years and she wanted him to be her executor. She died before she could get it done or put his name on the deed of their house which was

passed down to her from her mother. Now that my friend is dead, her brother thinks that he is entitled to the house. Does he have any legal standing? Also, how can her son be made executor without a Will?

Asked on May 9, 2019 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, when someone dies without a Will, they die "intestate". This means that their next of kin inherit. In this case, that would be your friend's son, not her brother. At this point, her son can go to the probate court and make application to be appointed as the "personal representive" of the estate. (this is like an executor when there is no Will). 


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