What to do if the executor named in my father’s will won’t open probate?

UPDATED: Jul 18, 2013

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What to do if the executor named in my father’s will won’t open probate?

The only asset in my father’s estate is his home which I currently live in. There is a reverse mortgage on the house. I have a buyer for the house to satisfy the repayment of the reverse mortgage. Can I get the court to give me the authority solely to facilitate the sale of the home? The mortgage company won’t work with me unless I get that authority.

Asked on July 18, 2013 under Estate Planning, California


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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If the Executor refuses to file for Probate you can ask the court for help by demanding he file the Will or you can ask the court to allow you to file and be substituted as executor.  Do you have the original Will?  You can also use a copy but it will need to be proven.  If you do not have the Will then you can consider filing as if there were none and the intestacy statute in the state will apply. As a child you will likely be the one to inherit anyway and permitted to act. Good luck.

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