Q: does it matter who probates a estate?if not does the person who probates the estate will they be app. executor
my sister lawyer will probate the estate but my other sis is named executor in the will.
A: You have not stated the relationship to you of the decedent and whether there was a surviving spouse. If the Will named your other sister as the Executrix, she would have priority to be appointed over the "other sister.", but she would be free to decline and assent to the appointment of the "other sister" and you could also assent to her appointment. You are not obligated to do so, however. You have the same priority as the "other sister". You or the "other sister" can file a Formal Petition for Probate of Will especially if the named Executrix fails to go forward to probate the will. If the named sister won't cooperate in producing the original Will to you, you may need to file a Motion to allow the copy of the Will to be probated.
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