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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33730
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother passed away and left me executor of her estate but

Customer Question

My mother passed away and left me executor of her estate but I have 6 brothers and sisters and the will is missing. Can I still become executor of her estate without the will?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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You can still file a probate petition to open the estate, but you would be asking to be appointed "Administrator" instead of executor, as an executor is nominated by a will and if there is no will, then the person settling the estate is called an Administrator.

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But they both do the same thing, just one follows the will and the other follows default state laws when there is no will.

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thanks

Barrister

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