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Petition for Appointment: File a Petition for Appointment of Personal Representative with the probate court. This petition includes information about yourself, the deceased person, and the estate. You will also need to provide information about any beneficiaries and heirs.
If the family members are in agreement, the court can appoint one of them to serve as the estate's executor or personal representative. If there is discord amongst the family members, the judge can appoint a third-party special administrator to manage the estate.
Over 18 years of age and ? The surviving spouse of the decedent, ? An adult child of the decedent, ? A parent of the decedent, ? A brother or sister of the decedent, ? A person entitled to property of the decedent, ? A person who was named as personal representative by will, or ? You are a creditor and 45 days have ...
If you pass on and have children but no spouse, your children will inherit everything. If you have a spouse but no descendants, your spouse will receive your assets. For those who are married and have descendants with their spouse, the spouse will inherit everything.