Here’s what you’ll need to do:
- You’ll have to take his death certificate to the probate court in the county where he last resided when he passed away.
- You’ll then file a petition to open his estate and request to be named as the administrator (executor).
- Once approved, the court will issue Letters of Administration (or Short Certificate) — this gives you legal authority to access any accounts, assets, or holdings in his name. That document will also allow you to manage or close out his accounts, claim funds, and handle any final affairs.
If you need assistance, you can:
- Contact your local bar association for a referral to a probate attorney.
- Reach out to your local legal aid society for free or low-cost help.
- Check with law school legal clinics — many assist with estate and probate matters.
My goal is to make sure you understand the next steps clearly. Please let me know if you need clarification or have further questions.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
How do I become executor of an estate?
I understand you’re looking to become the executor of an estate. Have you been named as the executor in the will?
The decedent does not have a will.
Do you know if there are any other potential executors named in the will?
I don't know.
Is there anything else the estate lawyer should know before I connect you? Rest assured they’ll be able to help with executorship.
No.
Which state are you in? This information is crucial as probate laws vary significantly from one state to another.
Georgia.
Hello, my name is Charlie, and I’m a licensed attorney. I’d like to welcome you to AskALawyer!
I apologize that you’re dealing with this situation, but I’ll be happy to assist. Please allow me a moment to review your question.
When did this person pass?
I believe 2017.
Understood. Are you related to this person?
There’s a slight wrinkle, though. My father lived in Vietnam when he died, but his last physical place of residency was in Minnesota. However, he listed his brother’s address in Georgia for his mail. There was no will or testament that I’m aware of.
Why do you need to open his estate now? Did he leave any assets behind?
I believe he sold all his assets — apartment, car, etc. — before moving to Vietnam.
Why do you need to open his estate now?
I’m his daughter and was listed as a beneficiary on some of his assets, like inherited IRAs.
Got it. Was he married when he passed?
This has been an ongoing process since he died overseas. I’ve been dealing with embassy paperwork, and I’ve tried to access some of his other holdings (money or accounts), but they’ve denied me access since I’m not the executor of the estate.
Understood.
I’m honestly unsure if he was legally married. He lived with a partner in Vietnam but wasn’t legally married, I believe.
He was previously married to my mother, but they divorced when I was in high school. I’m just trying to provide all the relevant details.
Here’s what you’ll need to do:
- You’ll have to take his death certificate to the probate court in the county where he last resided when he passed away.
- You’ll then file a petition to open his estate and request to be named as the administrator (executor).
- Once approved, the court will issue Letters of Administration (or Short Certificate) — this gives you legal authority to access any accounts, assets, or holdings in his name. That document will also allow you to manage or close out his accounts, claim funds, and handle any final affairs.
If you need assistance, you can:
- Contact your local bar association for a referral to a probate attorney.
- Reach out to your local legal aid society for free or low-cost help.
- Check with law school legal clinics — many assist with estate and probate matters.
My goal is to make sure you understand the next steps clearly. Please let me know if you need clarification or have further questions.
I guess my main question is how do I start the ball rolling on becoming executor of his estate? I currently live in Massachusetts, so if I need to go to court, I want to plan for that.
As listed above, you’ll need to file the petition in the probate court of his last residence to open the estate and request appointment as administrator.
Since you’re out of state, call the probate court to ask about their process for non-resident administrators — some allow you to file by mail or may require local representation.
Okay. I guess I’ll go from there. Thanks!
