Q: If a parent dies and has no will and her only son is incarcerated can the sons wife become the executor of the estate?
His aunt is trying to do it but has not gotten the paperwork done yet
A: If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.
A: In the first 90 days after death, it is open to heirs only. After 90 days, any interested person can apply to administer the estate. Because the son is incarcerated, he would be disqualified from acting as the administrator, and if an objection is raised, the estate will likely be given to the public administrator.
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