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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.