For assets that your mom owned solely in her name that do not have named beneficiaries, the court needs to appoint an executor of her estate. If you and your brothers are her only heirs (no surviving spouse, domestic partner, other living siblings, or children of deceased siblings), then you both have priority to be appointed. You can serve together or your brother can sign a form renouncing his right to be appointed and agreeing to your appointment. The forms are available with the probate court for the county where your mother lived.
If your mother had no Will, the law of intestacy for the state where she lived applies to the distribution of her assets described above. If your brother does not want his share, I recommend getting that in writing. I'm sorry for your loss.
Answered on Mar 23rd, 2017 at 9:31 AM