Q: What will happen if I take my deceased mother’s will to the judge for probated 11 years after her death?
I received a copy of my mother’s will in August 2018. The executors did not probate. I have been to the courthouse to verify. There are 2 executors, one is now incapable of any decision due to health, age etc. The other executor is of sound mind. I don’t understand why her Will was not probated.
A: The Will can now only be accepted for probate to pass title. This is called a "Muniment (defense) of Title." Hire a local probate attorney.
A: Contact a probate attorney. Executors are not really "Executors" until a Court approves the will. In this situation the will would only be admitted to Court if there was a valid reason for not probating it sooner and it would work to transfer title.
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