How do I become executor of an estate?
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How do I become executor of an estate?
My mother recently pasted. She had no Will, so never named an executor for her estate. I am her oldest son and trying
to close out her accounts. However, I was told that I needed to be named the exectutor before I could proceed.
Asked on April 2, 2016 under Estate Planning, Nebraska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
When somone dies without a Will they are said to have died "intsestate". Accordingly a "personal representative" (like an executor) is appointed by the probate court to adminster the estate. Application can be made by a family member or friend to be designated for the appointment. That having been said, if her estate is not large, small estate laws have been enacted in order to enable heirs to obtain property of the deceased without the need for probate or at least with shortened probate proceedings so long as certain conditions are met. Administration of the estate can then be done with less time and cost.
My research suggests that under NE law, where an estate has real estate valued at not more than $30,000, and/or personal property valued at not more than $50,000, an interested party may, within 30 days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.
At this point, you can contact the probate court in the county in which your mother as domiciled as of the date of her death; it can then advise you further.
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