If my grandmother passed away and both of her children are deceased, how do I get appointed head of the estate?

UPDATED: Jan 27, 2015

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If my grandmother passed away and both of her children are deceased, how do I get appointed head of the estate?

She has 5 grandkids and I am the only 1 over 18.

Asked on January 27, 2015 under Estate Planning, South Carolina


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

Answered 8 years ago | Contributor

I assume that she died without a Will, since a contingent executor would be typically have been listed. In a situation when someone dies without a Will, they are said to have died "intestate".

This means that the Probate Court will appoint someone to serve a Personal Representative to administer the estate. In this regard, the person selected can be somone that the heirs choose or, if they can't agree on one, the court will make the selection from among eligible family or friends of the deceased.
At this point, you need to contact the appropriate probate court or you can get information online (google "appointment of personal representative" and the applicable state name).

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