Legal Question in Wills and Trusts in North Carolina

I am an heir in a will, but the named Executor won't probate the will. Can I force her to do it?

Asked on 1/13/18, 5:59 am

1 Answer from Attorneys

Cheryl Watkins Law Office of Cheryl R. Watkins

It is possible. Here is a portion of a relevant law from the North Carolina General Statute:

If no executor applies to have the will proved within 60 days after the death of the testator, any devisee named in the will, or any other person interested in the estate, may make such application, upon 10 days' notice thereof to the executor. For good cause shown, the clerk of superior court may shorten the initial 60-day period during which the executor may apply to have the will proved.

You will need to take a few additional steps to establish the applicability of this law.

If you are seeking to hire an attorney to assist you with the administration of this estate, do call my office tomorrow and mention this question.

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Answered on 1/21/18, 8:34 am

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