If my brother is the excecutor of my late mother’s Will but he refuses to open probate, can I force him to do so?

She passed 16 months ago.

Asked on November 8, 2012 under Estate Planning, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

He may not have to open probate if the estate is worth less than the minimum required in your state.  Check with the probate court on any materials it can give you regarding minimum assets. If you prefer, you can file in probate court for a hearing on the executor and see if you can get a court appointed administrator to assist you and ensure the will gets fully probated.


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