What to do if my uncle passed away a month ago due to an accident?

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What to do if my uncle passed away a month ago due to an accident?

He lived by himself and had no family. My siblings and I are his next of kin but since he did not leave a Will we are trying to handle his matter. Where do we start?

Asked on July 10, 2013 under Estate Planning, North Carolina

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  If your Uncle dies without a Will then he is said to have died "intestate" and the intestacy statutes in the state will apply.  One of you needs to be appointed as the Personal Representative of the estate.  That requires filling out probate forms and giving notice to potential heirs.  Under North Carolina Intestacy that seems to be you and your siblings (and any other cousins). Depending upon the size of the estate there are small estate proceedings as well.  You apply to be the PR in the county in which he legally resided at the time of his death. Good luck.


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