how can a person become executor of an estate if your parent dies without a will

UPDATED: Oct 2, 2022

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how can a person become executor of an estate if your parent dies without a will

my father died without a will I was able to divide the property between the kids by going thru legal services and getting everyone to sign but the trailer finance company will not talk to me unless I am named executor what steps must I take

Asked on July 25, 2019 under Estate Planning, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't be named "executor" since executor is the term for a person appointed by a will, and there is no will. However, you can be named by the probate court to the equivalent position (same authority and role), called either an "administrator" or "personal representative" of the estate (either term might be used). Contact the probate court's clerk's office and/or look on the court's website--you should be able to find instructions and forms to apply to be appointed to that role. As a child of the deceased, you are a logical person to appoint; and once appointed, you'll have the necessary authority.

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 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.

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