How do I become executor of an estate?

UPDATED: Sep 30, 2022

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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