Why do I have to notify all living relatives of my brother's death if i am designated the sole heir in his will?

Answer 1

Your brother's will needs to be filed for probate. It may be invalid. The court must examine the will to determine if it is technically valid. Once the will has been allowed and the executor appointed your brother's debts must be paid before any of his property can be distributed.

All your brother's next of kin have the right to be notified of the probate of his estate for many reasons. The primary reason is that it's the law. It's the law that has evolved over hundreds of years to reflect all the important things that need to be done when a person dies. When anyone dies the procedure is the same. If it was different every time there would be chaos and quibbling over what should be done. Laws provide the framework of a civilized society. They let us know what will happen in certain legal matters.

There are many reasons why the law is as it is. Someone may want to contest the will. It may be a simple will that doesn't have a residuary clause. A will without a residuary clause can sometimes cause problems if the testator forgot to dispose of some property. There may be property that comes into an estate after the testator's death such as a court award for personal injury. Property may be found that the testator forgot he owned. He may have a winning lottery ticket in his pocket. In all those cases any property not devised by the will would be shared as intestate property by all his heirs-at-law.

If your brother had a wife, she is entitled by law to a share of his estate even if he left everything to you in his will. His children may be entitled to a share as well. If there is no surviving spouse or issue- the court needs to document it.

You don't need to notify all your living relatives of your brother's death. Only his heirs-at-law and next-of-kin.