The short answer
Start with the will, if there is one. It may name someone to serve if the first choice can't. If it names no one else, or that person can't or won't serve, state law sets an order of who comes next, and a court appoints them.
If your surviving parent was still running the first parent's estate, that estate needs someone new as well.
This chapter explains how things usually work in the United States. It is not legal, tax or financial advice, and the rules where you live may differ. Before you act on anything here, check it with one of the people named at the end of the chapter.
In the full chapter
The chapter explains what exists and what to ask, then ends with what to do, what can wait so you can set it aside, and who can answer the questions that are yours alone.
The rules, phone numbers and web addresses in this book were checked against the agencies’, courts’ and organizations’ own pages in October 2026. Where a rule differs by state, the book names one state as an example. Check anything you rely on with the office itself.
From Book 7: The Second Parent
This page has the short answer from chapter 3. The full chapter explains, in plain words, what exists, what to ask, and who can answer. The book covers after the second death after the death.
Questions near this one
Other questions on related subjects, from this book and the others.
- What if there is no will? Book 2, Being in Charge
- Am I the executor, and do I have to accept? Book 2, Being in Charge
- Who is in charge if no one was named? Book 1, The First Month
- Who files the final tax return, and when? Book 3, Their Money
Hear when The Second Parent is out
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