If my great uncle passed awayand I am not sure if he had a Will, what can I do if someone not as closely related to him as I was tries to take everything?

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If my great uncle passed awayand I am not sure if he had a Will, what can I do if someone not as closely related to him as I was tries to take everything?

Asked on January 1, 2012 under Estate Planning, Arizona

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If your Uncle had a Will and it was being submitted to court for probate, it would be filed in the county in which he resided at the time of his death.   If he died with out a Will it is known as dying "intestate" and then the state intestacy laws would apply.  These laws guide a family on how the estate of the decedent is to be divided.  Now, someone has to file paperwork with the probate court to become appointed as the personal representative of the estate of your Uncle in order to gather the assets and figure out the debt and make sure that everything is properly done.   When you say "not as closely related" I do not know if you mean in degree of kinship of just estarnged.  You need to seek some help here to help you figure out what is going on.  You can apply to become the personal representative as well. Good luck.


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