If someone dies without a Will, who determines who is in charge of the estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone dies without a Will, who determines who is in charge of the estate?

My mom didn’t leave a Will behind. I was wondering instead of appointing our stepdad, could we choose one of us 3 chilsren to oversee her checking account and her car?

Asked on January 6, 2012 under Estate Planning, Oklahoma

Answers:

Janet Brewer / Law Office of Janet L Brewer

Answered 12 years ago | Contributor

I'm sorry about your mother's death.  If the value of your mother's estate was $150,000 or less, it might not even be necessary to begin a probate proceeding.  But if a probate is necessary, your stepfather might have "priority" to be appointed as the "personal representative" of your mother's estate.  Under California law, the spouse would have the right to be appointed if there was any community property.  If he agrees to step aside, then any of the children would have the right to petition the court to be appointed as her personal representative.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption