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

UPDATED: Jan 13, 2014

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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


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 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). 

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 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.

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