If my brother died without a Will what do we do?

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If my brother died without a Will what do we do?

Asked on January 24, 2012 under Estate Planning, Washington

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss.  When someone dies without a Will in place it is called dying intestate and the intestacy statutes inthe state will govern the distribution of the estate. The process for filing is pretty much the same as if there were a Will in that a Petition must be filed with the court.  You would request that the court appoint you the personal representative of the estate. In New York it is known as an Administration and the fiduciary is the Administrator.  Good luck.


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