.My father past several months ago. While in the hospital sick, one of my brothers got him to change his will leaving every thing to the one brother. Upon my father's death, I placed a caveat on the will. Before any action on the will the one brother died without a will. There are three surviving children, no wife/mother ,separated wife of the one brother and a son of the dead brother with another woman. My other surviving brother and sister want me to be the executor . Can I be appointed executor without probating the will and how is this done. The separated wife of my dead brother is not cooperating; the mother of my brother's son has not stated her intentions. My father left $20,000 in a checking account and the bank is going to turn the funds over to the state. There is also a house.