If my brother just died but he did not leave a Will, what’s the best way to become executor?

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If my brother just died but he did not leave a Will, what’s the best way to become executor?

I want to become executive of his estate to finalize his affairs such as the sale of his house.

Asked on October 16, 2012 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you wish to become a court appointed administrator of his estate, you will need to open probate and request that the court appoint you.  Keep in mind that if there is no will, the issue will be if other heirs or potential heirs will have a problem with your appointment or if they feel you will not be neutral in ensuring that the appropriate heirs get the appropriate assets pursuant to probate law.


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