What to do about my mother’s estateif she passed away without a Will?

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What to do about my mother’s estateif she passed away without a Will?

She no spouse and was not a citizen of the US. She does not have much as an estate; it is a 401K with her employer. She identified the benefit to be left to her estate.

Asked on February 29, 2012 under Estate Planning, Arizona

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss.  I am assuming that your Mom was a resident alien as she was able to work and has a 401K.  She died "intestate" and the intestacy laws in the state will govern how the estate is probated.  There may be certain tax concerns here because of her status so you should speak wth some one who can help there. You should go to the probate court in the county in which she resided at the time of her death and file a petition to be appointed as the personal representative.  Good luck.


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