QUESTION

My brother passed before signing his will. How and where do I go to be appointed as his representative?

Asked on Aug 18th, 2024 on Taxation - Texas
More details to this question:
My brother has no spouse, no living parents, and 4 siblings. I had his POA. I filed his income tax and he is due a refund, but I have been told by the IRS that I need to file Form 56 before they will talk to me. He also has a small 401K that he did not name a beneficiary for—I have spoken to them & been told that I need a court appointment as his representative. Do I go to a court in Travis county where he lived or can I file in the county that I live in, which is Smith county. The money is less than $7k and will be used for his burial expenses.
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1 ANSWER

Tax Law Attorney serving Houston, TX
Partner at E. Rhett Buck
4 Awards
Generally, you will need to file a probate application for determination of heirship (no will) and appointment as dependent or independent administrator in order to obtain Letters of Administration to perform the duties you state are required.
Answered on Aug 19th, 2024 at 5:31 PM

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