If my brother is the executor of my late mothe’s estate, what happens if he dies before probate is done?

My mother died 2 years ago. She had a Will naming my brother named as executor. Very simple estate, no debts and the only property, personal and real goes to my brother. I have no problem with this. Now my brother is terminally and I find out he has never transfered the property into his name or anything. Doesn’t her estate have to go through some kind of probate?

Asked on January 10, 2013 under Estate Planning, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the situation that you have written about with respect to your brother's illness, I suggest that you assist him in concluding your mother's estate while he is able to do so. You might need to get a Wills and trust attorney involved to conclude the probate. If he passes before your mother's estate is concluded, a substitute executor will need to be appointed and approved by the court.


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