If my brother passed away leaving no Will or estate but has an SSI check pending, what can I do in getting to be the executor of his estate?
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If my brother passed away leaving no Will or estate but has an SSI check pending, what can I do in getting to be the executor of his estate?
I live out of state.
Asked on May 7, 2012 under Estate Planning, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. You would probably look at the small estate provisions of the law since he has no real estate to probate. Small estates can be done by a petition or sometimes an affidavit. It depends on what your state allows. Go to the probate court in the county in which he resided at the time of his death. That is where you would file the paperwork. The court clerks are very helpful although they can not give legal advice. Good luck.
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