alternate exector
the Executor/surviving spouse of a will has taken no action on it in three years and does not intend to. I am the alter- nate executor. Do the heirs insist that the Executor probate the will (what happens if the 4-year deadline passes?) or can I begin probate
proceedings immediately? thanks
Asked on 10/17/06, 3:36 pm
2 Answers from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: alternate exector
The four-year deadline cuts off administration of the estate.
Any party in interest can enter the will into probate.
Answered on 10/17/06, 5:23 pm
Cheryl Rivera Smith
The Smith Law Firm
Re: alternate exector
You should petition the court to allow you to probate the will. If 4 years passes, then the estate will be distributed as though the decedent died without a will.
Answered on 10/17/06, 6:03 pm
