How can I force a Personal Representative to probate a Will?

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How can I force a Personal Representative to probate a Will?

My stepdaughter named herself as PR of her father’s estate. She refuses to have the Will probated and he passed over 3 years ago. How can I, the widow, force her to probate his Will? There is property involved that he left to me.

Asked on January 13, 2014 under Estate Planning, South Carolina

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

You can submit the will for probate and ask the court to name you the personal representative. The court probably would not want your stepdaughter to be PR, because she is refusing to act. You can open the probate even if you do not yet have a copy of the will. As part of the probate case, the court should order your stepdaughter to provide a copy of the will (assuming she has it). 


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