executor papers or affidavit of heirship?

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smalls

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Okay...a couple of weeks ago my Dad took his own life. The police called me because my Dad instructed them to do so when he called 911 to tell them what he was about to do. When the police got to his vehicle, there was also a note with instructions to call me when they found him and he wrote down my phone number. Because of this, the medical examiner and police wouldn't release any information to anyone other than me. They told me that because of Dad's last instructions, I became executor by default.
Dad has no will, no retirement, no trusts, no life insurance, no nothing. And we are not one of those families that goes crazy over arguing about who gets what. We are all working together to divide up his belongings, more for sentimentality than for monetary value.
However, with claims matters such as his vehicle (which the claims adjuster totaled) , his home (that he was upside down in and we need to sell), etc., I need to know which documents I need to acquire so that I can be the authority signature. After doing some research, I can't decide if I need an affidavit of heirship (which would be hard since all of dad's children live in different states) or executor papers. Or if I need something totally different. I think I might be able to get an affidavit of inheritance for his truck, but am not sure because, again, all of my siblings live in other states and would not be able to sign the papers to relinquish claims.
I would appreciate any help I can get....
 
I can't decide if I need an affidavit of heirship (which would be hard since all of dad's children live in different states) or executor papers. Or if I need something totally different. I think I might be able to get an affidavit of inheritance for his truck, but am not sure because, again, all of my siblings live in other states and would not be able to sign the papers to relinquish claims.

You're at least on the right track.

Does an affidavit of heirship allow you to deal with all the property, or only with the real property? I believe you might need a separate affidavit of inheritance or letters of administration to deal with the vehicle and personal property.

Having heirs in other states should not pose an insurmountable problem. They should be able to sign the forms where they are, get them notarized locally, and send them back to you.

What's your jurisdiction? I'm guessing Texas. Whatever it is, you should consult with a local estates attorney.
 
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