How to Become an Executor of an Estate When There Is No Last Will & Testament
- 1). Check the probate and estate laws as they pertain to your specific state or the state of residence of the deceased. In some states, the court automatically appoints the deceased's spouse or next of kin as the administrator of the estate. For example, Ohio law requires the court to name the surviving spouse as administrator. If the spouse is unable to serve or declines to serve as administrator, the court may select another immediate family member. If you are the spouse or immediate family member of a deceased, you may be appointed as an executor by default.
- 2). Petition the court to be named as executor of the estate if necessary. You may seek legal counsel to assist you, or you may simply send the court a written appeal to be appointed. The court may be unaware of your relation to the decedent, or you may need to submit a formal request to supersede the court's automatic appointment of the spouse or nearest relative. The court may require that the spouse or other next of kin sign a release allowing another individual to be named as administrator of the estate.
- 3). Sign the acceptance statement and any other documents which may be required by the court system prior to your appointment as executor or administrator. Typically, you sign a document which outlines your legal and moral duties to act as administrator faithfully and in the best interest of the deceased and the family. Using Ohio law as an example, failure to abide by the terms of this document could result in fines, or you could be removed as the administrator, according to the Ohio State Bar Association website.
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