Q: My bother was executor of my mothers estate. My brother died before estate was complete.
Mother resided in Broom County, NY. I was listed as executor in my mother's will in event my brother could not. I have made application to transfer executor from my brother to me. The Surrogate Clerk Office say they need a Certificate of Appointment from my brother's widow before executor can be transferred to me. My brother and sister-in-law co-owned all property and assets and she was named sole beneficiary on brother's will. The state of PA, where they live, does not require my sister-in-law to probate his will. I do not want her to have to probate just to receive a Certificate of Appointment, as it would add a financial hardship on her. Would a Receipt and Release SCPA 2202 executed by my sister-in-law stating she releases claim to the small amount of fiduciary funds that remain in my mother estate satisfy the Surrogate Court to transfer executor to me?
A: No. Unfortunately, there is no other way. If the funds are too little to do the Certificate process, you can just forget it.
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