How is an executor to an estate named when a persons spouse is deceased and the person is childless?

My uncle died without leaving a will or naming an executor to his estate. His spouse is deceased and he had no children. It will fall on my aunts and uncles to sort things out. How do they go about naming an executor to his estate? Will we need a lawyer? He lived in Texas.

without a will someone who is an interested party applys with the probate court to act as administrator.

That person will oversee liqudating the assets, paying the bills, distributing personal effects and distributing remaining funds according to the intestancy law.

When someone dies intestate(without having made a will) the state, not the individual, determines how much and to whom all the deceased's property will go. Often, the distribution is not as the deceased intended. A personal representative, or executor, is the person who administers the deceased's estate and carries out the terms of the will. when someone dies intestate, the court must appoint the personal representative. This person may not be whom they would have intended or even wished to appoint had they had the choice.

When a decedent is intestate, state statute determines who among the decedent's heirs receives the decedent's property and in what proportion each takes the property. These laws of succession are designed to insure that a decedent's next of kin, i.e., family, receives the property.

In general, intestate succession laws, or laws of succession, are based upon the idea that a decedent's property should pass consanguinity, or blood relationships. With the exception of a surviving spouse, who will always take first, all people whom a decedent's property will be distributed will be blood relatives when a decedent dies intestate. hope I have helped.

Anyone can become the executor by asking the probate court to be appointed. Whomever wants the job should file the necessary appointment petition along with the will for probate. If no one wants the position, the court, upon offering the will for probate, can appoint one but this is a very expensive proposition for the heirs.

There is a standard in every state. If there is no heirs and no will, the state standard applies. Too bad for the family, they wil not see the inheritance that your uncle probably wanted them to.

The court can appoint an attorney as the executor, or if you want to be the executor and apply with the court to administer his estate, you can do so as well. If your aunts or uncles apply, the court may appoint them as well. It is not necessary for an attorney to handle this type of situation, however, it may be in your best interests to utilize one, especially if he had a sizeable estate.

The court appoints an executor - the estate should hire a lawyer (paid out of the estate) who can advise the executor.

this is going to have to be decided by the probate court. this is why its so important to have a will and that someone knows exactly what you want when you die.