If there is no Will, who gets the property when there is an older sister and younger brother?
Question Details: I am the oldest daughter and I have a younger brother. Our mother died without a Will. Who becomes the executor of the property?
If your mother was not married when she passed away and the two of you are the only children, your mother's "estate" (everything she left behind) is split evenly between the two of you. It does not matter who is the personal representative (there is only an "executor" when there is a will appointing one; otherwise, the person in charge of managing and distributing the estate is called a "personal representative" or "administrator" and is appointed to that position by the court) since the personal representative does not get a larger share of the estate. Either one of you can do it; if you agree who should, that person can apply to the court for the position and will almost certainly get it. If you each want the position, you can each apply to the probate court (and object to the other's appointment) and the court will decide who is the better candidate.