What happens when someone dies without a will?

When someone dies without a Will, it is called dying “intestate” (in-TES-tate). In Oklahoma, if there is no Will, state laws determine what happens to the property of someone who died. If you don’t write a Will or make some other estate plan, you basically get the state-mandated estate plan. According to the limited information you provided, and assuming that your father is deceased: You must file for probate at the district court of the county where your brother lived and owned property when he died.  This is necessary whether there is a Will or if there is no Will. Your mother has the priority right under Oklahoma law to serve as the Personal Representative (Executor). In Oklahoma, your mother inherits the entire estate. Everything would go to her and not to you or another brother. If your mother doesn’t want or isn’t able to serve as the Personal Representative, and if everyone concerned agrees to it, you may apply to the court to be appointed as the Personal Representative. Whoever is appointed by the court must do with the estate as the probate judge orders. To be sure you get through it correctly and as quickly as possible, it is wise to at least consult an Oklahoma probate lawyer about the specifics of your situation. To learn the options to prevent this same situation from happening to you and your heirs, consult an Oklahoma estate planning attorney. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com