my father did not leave a will

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my father did not leave a will

i want to sell his house

Asked on January 3, 2017 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When someone dies without a Will, the probate court will choose someone to represent the estate based on a priority list, as complied under state law. As a general rule, most jurisdictions make the surviving spouse, if any, the first choice, then adult children, if any, followed by other family members. Assuming that you are over 18, mentally competent and not a convicted felon, you may be appointed as the "personal representative". However, depending on the assets involved and their value, you may be able to file for a "small estate" probate procedure which is faster and less costly then a full probate. You can google for more information or contact the local county probate court.


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