?My friend's brother died without a will....

[FullCountNotRecount]

just a letter stating his intentions. Someone told me you just have to file a copy of the will with the county clerk and if there is no will you can still declare yourself executor at the county clerk. Does anyone know?

[TiredTexan]

1. It is state specific.

Each state has its own probate laws and procedures.

What state do you live in?

[NMDemDist2]

2. a letter stating his wishes should stand up as a will in most states

[no_hypocrisy]

3. Research the state law on this link:

http://www.findlaw.com

And call your county surrogate's office. They answer these questions every day.

[FullCountNotRecount]

4. Thanks all for the info.

Thank you.

[TreasonousBastard]

5. If he died intestate...

there is no executor, but there should be an administrator appointed by the local surrogate court. The administrator does most of the stuff an executor would do, and even if there is no sizeable estate there are things like selling the house, closing bank accounts, filing federal estate tax forms and exemptions. etc. that have to be done. Someone has to have the authority to do these things.

A lawyer wasn't necessary to file the papers, but it is advisable to get one if there is a tricky estate. The court clerk may be helpful in filing the forms, but a lawyer is still a handy thing to have.

That's the way it was in NY state when my father died intestate, but all states have some minor quirks in the way they do things.

[fortyfeetunder]

6. Will or no will, expecting any complications?

My point is: do you know of anyone who feels obligated to have a piece of your brother's estate, despite his intentions?

For example,a relative died several years ago with a will, but had written out his estranged wife. She hosed the whole damn estate distribution process until the statute of limitations ran out. By then his other siblings have died and his other relatives are still picking up the pieces.

Get a lawyer, quick.