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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34855
Experience:  16 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.


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.


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