How do I become administrator of my brother's estate? Is there a time limit on doing so?

Asked about 4 years ago - Atlanta, GA

He passed away a year ago. I was told he had a will but have not been able to locate it.

Attorney answers (3)

  1. Craig Ryan Lerman

    Contributor Level 8

    Answered . If you can not find the will, then In order to become the Administrator of your brother's estate you need to fill out the necessary forms regarding the application for Letters of Administration and file them with the county probate court. Please feel free to contact me for a free consultation and I can go over the process in more detail. I can be reached at 770-420-8448.

  2. Ruthann P. Lacey

    Contributor Level 11

    Answered . You will need to complete and file a Petition for Letters of Administration with the Probate Court in the County where he resided at the time of his death. This form is available at http://www.gaprobate.org/forms.php. It is form #3.

  3. Steven J. Fromm

    Contributor Level 20

    Answered . When a person dies without a will, then the next of kin must petition the court or go to the register of wills to obtain letters of administration. Once you have received letters of administration, you can then act for the estate. This will allow you to transfer the real estate and other assets of the decedent in accordance with the laws of intestate succession of the state of the decedent. You need to retain an estates lawyer to assist you or at least call the register of wills in the county in question to get more information about their procedures for obtaining letters of administration.
    As to his will, you may want to look over his check register for the last few years to see if he paid any attorneys. They may have the will. Also, check with his banks to see if he had a safe deposit box that may contain the will.

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