Randleman, NC asked in Estate Planning and Probate for North Carolina

Q: How do I become executive of my mom's estate she passed and although I was told my parents were divorced they are not

I am her only child they have been separated my whole life

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: It depends on whether or not your mom had a will.

If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the date of your mother's passing and then ask them to appoint you.

If she had a will, then will controls who is the executor.

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