Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Two heirs to an estate of a recently deceased person. Can the person who is designated executor in the Will, and who is ensconced on the property in question, drag his feet and refuse to sign the Petition of Probate to begin the process, because it is in his own best interest for Probate not to begin? Is there a time limit to file the initial Petition, please? Thanks.
Asked on June 9, 2009 under Estate Planning, Connecticut
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Within 30 days of the testator's death, the will must be brought to the probate court in the district in which he or she had last permanently resided. This is usually the responsibility of the executor and there is a criminal penalty for failure to do so.
Additionally, an executor owes the estate a "fiduciary duty", this means that the affairs of the estate must come before the executor's own personal interests. If there is a breach of this duty, the court may elect to remove and replace the executor. Additionally, the executor is personally responsible for any damage to the estate as a result of their self-dealing, as well as possible civil and criminal penalties.
Here's a link to some information that I think you will find useful: http://www.jud.state.ct.us/probate/faq.html
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.