How do I become executor of my father's estate?

[kcelestia]

My father recently died about a week ago and he had life insurance policies buy my mother was the listed as the benficiary, she passed away 1.5 years ago. I am the only child and the insurance company needs proof that I am executor of the estate. How do I obtain that? I live in GA and so did my parent's.

 

[ALawyer]

I am sorry about your loss.

The beneficiary designation typically lapses when the named beneficiary dies. In this case when your mother died and there was no named contingent beneficiary your father's estate became the beneficiary. I assume he left no Will, and thus his assets would pass to his heirs at law.

As the sole child you'd typically be the sole heir at law, assuming there are no children of deceased brothers or sisters. BUT there may be creditors, etc. or others with claims on the estate and thus the insurance company properly wants proof that it is okay to make payment to you.

You can go to the probate court and seek to become Administrator of your father's estate. If the amount of the policy is modest and there were nother major assets, you can use what many states offer -- a very simplified procedures to do it yourself. IF things are more complicated you'll need a lawyer.

 

[kcelestia]

Thank you

Thank you for your reply. No there is no will and there is no property of any sort. I will head to the probate court as soon as I have his death certificate. Thank you once again.