Who becomes executor when there is no will?

Question

My father died without a will, and our family is trying to figure out who has authority to deal with his bank account, vehicle, and house. My siblings and I agree that one of us should handle the paperwork, but nobody was formally named as executor. Does a family member automatically become executor, or does someone have to apply to the probate court?

Soradin · Accepted Answer

A probate court generally appoints an administrator, often after an eligible relative asks to serve. For the issue described here, when a person dies without a valid will, state intestacy law determines who inherits probate property. As part of the legal review, the court also appoints someone to manage the estate, and the result may not match what the person would have chosen. It is especially useful to involve a qualified professional when family relationships, real estate, taxes, or business interests are involved.

Who becomes executor when there is no will?

Soradin

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