If I am executor of deceased mom’s Will, how do I become the court appointed representative?

UPDATED: Apr 30, 2012

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If I am executor of deceased mom’s Will, how do I become the court appointed representative?

Her primary residence is in one state but she had been sick in another state and died there. I only habe a copy of the Will, not the original; I think original it is in her state of residence. I can’t get her tax refund unitl I am appointed representative by the court.

Asked on April 30, 2012 under Estate Planning, New Jersey


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

Answered 10 years ago | Contributor

I am so sorry for your loss.  You need to have the originial Will and it needs to be submitted for probate (that means filing a Petition) in the county in which your Mother officially resided at the time of her death.  Please check with an attorney in that state.  Some states have rules about out of state executors and you need to make sure that it is okay for you to be appointed alone or you need to have an in state resident appointed with you.  Good luck.

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