What are my rights and what do I do from here if my mother just died without a Will?

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What are my rights and what do I do from here if my mother just died without a Will?

My mother passed away yesterday and I believe there is no Will. What am I responsible for since I’m next I’m kin and have a sister. There’s a house involved.

Asked on April 24, 2017 under Estate Planning, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Either you or your sister can file to be appointed "Personal Representative" of your mother's estate (it's like an executor when there is no Wiil); you would do this in the probate court (the one that is in the county of which your mother was domiciled as of the date of her death). Depending on the size of her estate, you may be able to utilize an expedited probate for small estates. As far as inheritance rights, since you mother died "intestate" (i.e. without a Will), since there is no surviving spouse, you an your sister as the only heirs will divide the assets of the estate (after debts are paid, etc.), 50/50


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