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Do I have to go to probate court in another state or can I stay out of the situation?
Anonymous3 views3 answers
I live in Oklahoma, my father lives in kansas and recently passed away. My Aunt sent me papers to sign to be the executor cause my father didn't have will and im next of kin. I don't care to get involved but my Aunt keep sending me papers that she wants me to sign and to turn everything over to her I believe. Do I have to sign and do I have to go to probate court? I just want to be left out of the ordeal. If I do have to be the executor, do I have to attend court or can I just sign the papers and mail them back to the court and handle everything from Oklahoma? Thank you
The probate proceeding would be opened in the county where your father lived (in Kansas per your information). You do not have to be administrator but it would make the whole thing much easier if you agree to pass on it (sometimes this is called a renunciation) so that who ever does do it does not have to go to court. However, I would caution you to seek your own legal advice before you sign any paperwork so that you fully understand exactly what you are signing.
You should definitely speak to an attorney to advise you. You do not have to act as executor, but you should certainly be kept informed of what is happening as next of kin and you do not want to sign anything until an attorney has reviewed it and advised you.
You can serve as executor in Kansas without necessarily having to actually appear in court. Are you the only child? If so, and since your father passed without a will, any property he has would pass to you as his only heir. If that's the case, I would encourage you to serve as executor. If you turn this function over to your aunt, she will likely charge the estate a fee for serving as executor. While you can sign the papers your aunt has sent, I would encourage you to have a Kansas attorney of your choosing review the papers prior to doing so, so that you understand the legal implications of what you are signing.
