How do I become administrator of my brother's estate? he passed away last year

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. Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. His phone number is 215-735-2336 or his email address is listed below. Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

You will need to file a petition for administration of your brother's estate in the county in which he was a resident at the time of his death. You will be required to notify all of his heirs (this includes lineal descendants including his spouse, children, grandchildren,etc., but NOT siblings, parents, cousins, etc.) of your petition and intent to administer the estate. If he had land in another state, you may also be required to petition for something known as "ancillary probate," in which you will file a petition to administer in the state in which the land is located as well. There are several rules regarding who needs to notified and how, how and when assets can be distributed or sold, and the priority of claims against the estate. You should be aware that as the administrator of the estate, you are a fiduciary, meaning you may be held personally liable for mismanagement of the estate. If you do not feel comfortable navigating the probate process on your own, you should seek the assistance of an attorney experienced in probate matters.