Q: If the executor named in the will does not file probate can another person named in the will step in and file?
A: Yes but the person with the will can later file for probate and trump your petition before your first court date.
A: In a word, yes.
A:
If the named executor does not act, anyone can request to be appointed as personal representative. (Actually, its called "Administrator with Will Annexed if they are not named as executor or a successor executor.)
While the named executor can file a competing petition and an opposition to the appointment of another, the court will expect the named executor to provide a good reason for the delay. And, depending on the reason and other facts, they may decline to appoint the named executor as "unfit to serve."
I would discuss this with an attorney. You might wish to start with your local county bar association. Most California county bar associations provide a lawyer referral service which provides you with a low or no cost consultation with an attorney in your area of need.
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