How do we open an estate and have an executor appointed if there is not money in the estate?

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How do we open an estate and have an executor appointed if there is not money in the estate?

My brother just recently passed away. He owned a home but got in trouble with the IRS and they put a “lien” on his home. We the legal heirs (brothers and sister) and need to be able to appoint an executor of his estate so we can begin negoiations with the IRS. However there was no money left to pay to open “pobate”. Unfortunately, I am on unemployment, my brother is also not working and my sister is retired on a fixed income. We are willing to do all the footwork but have had every door slammed in our face.

Asked on September 30, 2011 under Estate Planning, Mississippi

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  The appointment of an executor may not be as difficult as everyone is making it out to be for you.  First, go down to the county in which he lived at the time of his death and ask for a set of forms for Administration of his estate (I am assuming that he died with out a Will) as well as a request for a waiver of the fee for filing (which you may or may not get with a house involved) or ask if there is a way that you can be appointed quickly and for a limited purpose - to deal with creditors.  Many times a court will waive the filing fee if there is no money in the estate that can be used.  It may require an affidavit.  If these are the doors you claimed were slammed in your face then please write back.  Let us know what exactly happened.  Good luck.


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