Establishing an estate

[lucia35]

What is the name of your state? AZ

My ex-husband was taken in a road accident. He had absolutely nothing to his name, except debt. There is a small insurance payout from the other driver's automobile policy. I want the entire policy to be put our daughter's name and paid out to her when she turns 18, however because she is the only next of kin and a minor, his brother was listed as next of kin. He now wants to establish an estate which I think takes away from my daughter, I have started payment on the funeral which is the only bill his family really wants to be paid. He passed away in another state.
He had no will. How long before an estate must be established? Can his brother legally establish one? Who can claim against the estate? Where must it be published?

 

[lwpat]

I am assuming that the insurance proceeds are for wrongful death or similar. As such it goes into your ex's estate and the estate must pay his debts in accordance with state law. Normally legal, medical and funeral bills are among the first in line.

His estate will be started in his county of residence and his brother can start the estate and file to be the executor. Anyone with a claim against his estate is required to file with the probate court. For example you can file a claim for the funeral expenses.