Q: My father passed away and didn't have a will.. How can I become executor of his estate so i can close out his account's?
From the brief facts described, you will need to file an application with the probate court in the state of domicile. There are a few different forms that may need to be filed depending on your circumstances and how the assets were titled. Some assets may have a beneficiary already listed, or may be jointly held. In those cases you need to file forms with the institution. Dying without a will means that his assets will pass via intestacy. That means that depending on what relatives are alive, different people will inherit.
Keep in mind that there are timing issues where certain filings are required in a certain amount of time after death. The process can be confusing and take quite a bit of time. Most probate attorneys will offer a free consultation to evaluate your situation and let you know if they believe you will need an attorney or if you can handle it on your own. If you contact the Probate Court they are usually helpful to individuals filing themselves.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.