As the named executrix in my mother’s Will do I need to be present at the scheduled court petition for filing the Will?

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As the named executrix in my mother’s Will do I need to be present at the scheduled court petition for filing the Will?

My brother and I were named as executors of my mother’s Will without surety. He has declined but agreed to be my agent since I live out of state. I was given a docket number and scheduled court date for sending notice to interested parties which I have done. Do I need to be present for this court proceeding for the ill petition?

Asked on November 4, 2011 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Do you have an attorney helping you with the matter or are you doing this by yourself?  It is really best for some one to be there when the Will is offered in to probate.  Do you have any idea if any one will be objecting to the Will being offered for probate?  If that happens then some one should be there. You should also take a look at any other papers that could also be filed like from creditors. If you have an attorney then they can probably represent you at the proceeding and it may be that you can hire someone to appear on your behalf for the proceeding if you can not your self attend. Good luck to you.  


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