What to do if my brother died without of Wil and he lived in another state?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my brother died without of Wil and he lived in another state?

In order for my sister and I (next of kin) to receive his life insurance, 401K, final check vacation payout, one of us must file to be an administrator, should we hire an attorney here where we live in or my late brother’s state of residence? Does this need to be filed in the county in which he resided?

Asked on November 14, 2012 under Estate Planning, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file in the county in which he lived in the state in which he lived. You do not need an attorney to do so and many courts have easy forms and pamphlets to help open probate and file the will for administration.  Review that court's requirements and call the court clerk's office. If you still feel uncomfortable doing so without an attorney, then consider consulting with an attorney in that state who is experienced with estate and probate law and out of state beneficiaries.


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