Legal Question in Wills and Trusts in North Carolina

How long do you have to execute a will after someone dies?

My great uncle died almost a year ago and my sister was named as executor of the will. Everything was left to my 5 siblings and myself. My sister has not notified any of us as to what is going on nor has she given us a copy of the will. Is there a time limit for probate and if she has done nothing yet can she be removed as executor? If she can be removed how would I go about doing that?

Asked on 7/26/04, 3:08 pm

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC
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Re: How long do you have to execute a will after someone dies?

Your sister is required to file the will with the court. If she has done that, you can check with the court and get a copy of the will and check the status of the proceeding. If she has not filed the will and begun the probate process, you can begin the proceeding as an heir to your uncle. If your sister does not have or is unwilling to produce the will, the process should be started as an intestate proceeding.

Your sister cannot be removed as executor until she has been appointed executor.

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8/03/04, 11:14 am

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