What to do if my mother past away without a Will?

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What to do if my mother past away without a Will?

She owned 2 houses but no other assets. How do I get everything started to settle her estate if I am out of state?

Asked on March 31, 2012 under Estate Planning, North Carolina

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

The first step is to establish the heirs.  A case should be filed to have a Court determine who your mother's heirs are.   Then an administrator needs to be appointed to divide the property.  You should talk with an attorney to help you through this process.

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

For a sense of what is involved in administering an estate in most states, please see the following two articles:  Estate & Probate Administration: Do Not Try This On Your Own at http://www.sjfpc.com/page1.html  and Pennsylvania Probate & Estate Administration: Executor Duties at http://www.sjfpc.com/pennsylvania_probate_estate__administration_duties_of_executor_and_administrator.html

 

David A. Looney / David A Looney Co. LPA

Answered 9 years ago | Contributor

If your mother did not have a will, then the statute of descent and distribution apply, which basically say that when a person dies without a spouse, all assets are divided between the children.  It will be necessary to process an estate proceeding in the probate court of the county of her residence in order to have the houses transfer to the name of the beneficiaries.


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