How can this estate be opened since the siblings won't sign the necessary papers? 23 Answers as of December 10, 2013

A brother passed away with no will. Only siblings are left. The estate only has a small piece of real estate, which will be divided when it is sold. The siblings won't sign to select an executor because it seems they don't trust anyone but themselves. One brother has a judgement against the deceased because of monies owed and may have a chance to get this paid back if the land is sold if he makes a claim after the estate is open.

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, the person petitioning to be appointed personal representative to administer the estate can request the matter be admitted to judicial probate so that an Orphans' Court judge decides who will serve as personal representative.
Answer Applies to: Maryland
Replied: 12/10/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
In Nevada, the Estate should be paid. If he has a judgment against the Estate he can open the probate as creditor. If the rest of won't do it, he can.
Answer Applies to: Nevada
Replied: 12/9/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
I believe that the brother who is owed the money should file.. The Court WILL appoint someone personal representative without "the signatures" of the others .. its just a bit more expensive and takes a court hearing (all potential heirs have the right to object so) He should contact a knowledgeable probate attorney.
Answer Applies to: Michigan
Replied: 12/9/2013
Durkin Law, P.C.
Durkin Law, P.C. | Roger Durkin
No will, then no executor. Only the decedent could select an executor. A member of the family or for that matter, anyone with an interest, can file a petition in probate court to be appointed "administrator" of the Estate. At which point, the administrator is empowered to act on behalf of the estate.
Answer Applies to: Massachusetts
Replied: 12/9/2013
Frederick & Frederick PLC | James P Frederick
You do not need to get permission or consent. You can simply give your siblings Notice of your intent to file an Application to open probate. You need to wait two weeks and then you can file, whether they consent or not. Of course, if one of your siblings then objects to your appointment, there would need to be a court hearing and the judge would decide who can act. One option might be to have a court appointed administrator. It is not always the best and certainly not the cheapest alternative, but it is one way judges get around squabbling heirs.
Answer Applies to: Michigan
Replied: 12/9/2013
    Stephens Gourley & Bywater | David A. Stephens
    Someone need to file a petition to appoint an administrator and the court will choose one of you to act as administrator to take care of the estate.
    Answer Applies to: Nevada
    Replied: 12/9/2013
    James Law Group
    James Law Group | Christine James
    ANY interested person can open probate. It is best to have at least one person on your side, but that is not necessary. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
    Answer Applies to: California
    Replied: 12/9/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Forget any agreement; just go ahead and file for Letters of Administration. You?ll need a lawyer.
    Answer Applies to: California
    Replied: 12/9/2013
    Law Offices of Frances Headley | Frances Headley
    Anyone with an interest in the estate can petition to name an executor without the siblings consent. You should consult a probate attorney.
    Answer Applies to: California
    Replied: 12/9/2013
    Law Offices of George H. Shers | George H. Shers
    If this is in California, anyone can file the Will with the probate Department to have the case probated.? The court will allow everyone who wants to to apply as administrator of the estate and will select one or most likely will appoint some attorney or other person who has experience probating Wills.? They need to read up on probate by looking at the relevant chapters in a book written for lay people such as by Nolo Press.
    Answer Applies to: California
    Replied: 12/9/2013
    Danville Law Group | Scott Jordan
    One of the siblings can file a probate petition and nominate an administrator of the estate. The other siblings can either agree or disagree and make a counter nomination. Eventually, if the siblings cannot come to an agreement, the probate judge will appoint an independent fiduciary to administer the estate, resulting in increased fees to the estate.
    Answer Applies to: California
    Replied: 12/6/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    One of the siblings needs to just open the estate and apply to be the administrator. This can be done without anyone prior signatures. Waivers can be sent out to each sibling, if they agree and sign then you can be appointed without a problem. If you do not get every signature, then it will be set for hearing and the court will decide who should be appointed and the estate. You do not need to get everyone's signature prior to filing, in fact it will get things moving in the direction of opening the estate.
    Answer Applies to: Ohio
    Replied: 12/6/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Maybe the family can agree to have a neutral person appointed as the personal representative.
    Answer Applies to: California
    Replied: 12/6/2013
    Gates' Law, PLLC | Thomas E. Gates
    All you need to do is set a hearing to get court approval of an executor. All of the siblings will have knowledge of this date and its purpose. They can appear in court ad object if they wish. Your brother's judgment would have to be paid off, as well as the other creditors, before the siblings will receive anything.
    Answer Applies to: Washington
    Replied: 12/6/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain the services of a probate lawyer to file a petition to administer the estate with you being appointed the administrator; the attorney will be paid out of the assets of the estate.
    Answer Applies to: California
    Replied: 12/6/2013
    Estrada Law P.C. | Michele Ungvarsky
    If possible agree on a third person to act as personal representative for the estate. Otherwise, apply for probate and the Court will assign someone to act as PR.
    Answer Applies to: New Mexico
    Replied: 12/6/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    One sibling can file the Application for opening of the estate and the others can object if they choose. If they do object, then the Court will decide which will act as the Personal Representative.
    Answer Applies to: Colorado
    Replied: 12/6/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Petition the probate court to decide who is to be executor. You will all have to abide by that decision.
    Answer Applies to: Nebraska
    Replied: 12/6/2013
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Any interested person can open the estate by filing a petition with the Clerk of the Circuit Court for the county in which the decedent had his residence. Since there is no will, state statute establishes an order of preference for the appointment of the estate representative. If the decedent had no spouse, children, or grandchildren alive and/or eligible on the date of death the next in line for order of preference a parent, then a sibling. Any sibling could file the petition and nominate themselves or a third party. It would then be incumbent on the other siblings to contest the nomination and propose an alternative representative. They could nominate themselves. The court will decide upon the representative among the competing nominees.
    Answer Applies to: Illinois
    Replied: 12/6/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Somebody needs to file, any of the siblings would be good and the judge can decide who will be the personal representative.
    Answer Applies to: Idaho
    Replied: 12/6/2013
    Attorney At Law | James G. Maguire
    Any of the siblings can open the estate, even if the others will not cooperate. That makes things more difficult, expensive and time-consuming, but it can be done.
    Answer Applies to: Louisiana
    Replied: 12/6/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    You actually need only one of the siblings to open the estate. Those that won't sign will have to be sent everything (each pleading) submitted to the Courts. If at anytime the person wants to object, he can at any point in the proceeding.
    Answer Applies to: Florida
    Replied: 12/6/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Cooperation is preferable, but only one needs to petition and give appropriate notice of the hearing to the others.
    Answer Applies to: Illinois
    Replied: 12/6/2013
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