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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 9 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption