Legal Question in Wills and Trusts in Florida

Re: Brother's death without a will

Every state has their own specific intestacy laws. When someone passes without a will, they are said to have passed intestate. At that point, probate courts will require that a personal representative will be appointed to administer the deceased's estate.

In Florida, the personal representative has to be over the age of 18, of sound mind, and not a convicted felon. However, most relevant to your question, although the person also has to be a resident of Florida at the time of the decedent's death, if the survivor is a spouse, sister, aunt, uncle, niece, nephew, or BROTHER (or some other person as defined by Fla. Stat. 733.304), that person CAN serve as personal representative. (In other words, you can be appointed to administer your brother's estate provided you meet the other requirements.)

If your brother passed in another state, that state's statutes will tell you who can be qualified.

If your brother is a Florida resident, it sounds like he had a relatively small estate, in which case you could file for something called summary administration. Again, you have to check with the probate court for whatever specific county your filing in. If he wasn't a Florida resident, you'll have to check out the estates and trusts laws for that given state.

One final note: release of vehicles is a somewhat different matter that must be taken up with the DMV (at least in Florida).

Should you need assistance with anything, please feel free to contact me.