What are my options if a Will of my father’s has not been sent to probate in both counties of residence?

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What are my options if a Will of my father’s has not been sent to probate in both counties of residence?

My step-siblings are the executors of the Will; their mother passed before my father. They owned property in 2 counties. Will has gone to probate in 1 county but not the other, where my inheritance lies. What are my rights as to the will not be executed in a timely fashion, it 5 years this year. The one step sibling has sold part of the assets and everything was to be divided 5 ways. Was it legal for him to sell 2 items before the Will is in probate? Is there a time limit for them to turn over the will to that county? What are my options?

Asked on May 14, 2012 under Estate Planning, West Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  You can only live in one county as a legal residence but you can own property anywhere. And the Will is to be filed in the county of residence at the time of your death.  If the property is all in the same state then you are fine so the executor has the power to manage it.  If it were in a different state then an ancillary proceeding has to be brought.  The executor has no power to sell property before they are appointed.  It does seem an awfully long time here so I might contact an attorney and see about speeding things up.  ANd ask for an accounting.  Good luck.


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