If my sister was named executor of my mother’s estate but no probate has been filed and she has not contacted me about things, what can I do?

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If my sister was named executor of my mother’s estate but no probate has been filed and she has not contacted me about things, what can I do?

My mom died. My sister was named executor but was not bonded. She never contacted probate court or filed any paperwork.We are equal heirs. She sold the house but we also have property in France involved. She took all paperwork with her and has not contacted me since. It has been over seven months.

Asked on July 18, 2012 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  In order for your sister to have tranferred the property legally she has had to be appointed as the executor of the estate, which could mean that a probate has been filed with out your knowing.  The first thing to do is to check the probate court in the county in the state in which your mother resided at the time of her death.  If there is a probate petition that has been filed it is a public record and you can review it.  I would copy it and take it to an attorney to help you here.  If the estate has not been probated then you need to make the application yourself and get to the bottom of things.  Good luck.


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