How do I get appointed to probate my mother’s estate?

UPDATED: Aug 24, 2011

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How do I get appointed to probate my mother’s estate?

My mother passed away 6 months ago and I am trying to settle her estate. I am her power of attorney but I understand that since she has passed I need to change that as it was only in effect when she was alive. Could you tell me what form to get and where to get it?

Asked on August 24, 2011 Utah


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  Yes, you are quite correct that a Power of Attorney dies with the person for whom it was enacted.  I am assuming here that your Mother dies without a Will.  That would be called "intestate" and the intestacy statutes in the state would govern the distribution of her estate.  Now, filing for an Administration should be done in the county that she legally resided at the time of her death.  You can go down to the Probate Court and ask for a copy of the forms or you can probably call and ask if the forms are available on line.  Many states and counties within the states have placed the forms on the internet for ease of access.  If the estate is large and there is a lot to do you may need legal help.  If it is small there is generally an avenue for small estate probate as well.  Good luck to you.

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