Q: does an older sibling have a higher right to appointment? Must we list all siblings when filing probate?
Our Mom listed one executor, the middle child as the executor in her signed and witnessed will. It was also stamped by a notary. When we are filing for probate for her estate, does the older sibling have a higher right to assignment? And must we add all 3 siblings or just the one our Mom wanted to carry out her will?
A: The executor named in the will has the highest priority, but ultimately the executor is chosen by the judge. There is no requirement that the siblings co-executors.
A: If the middle child is designated the executor ( Personal Representative )then he or she would usually be the Petitioner for Probate of the Will. All siblings would be notified along with any surviving spouse. You are unclear about what the process is and should engage counsel .
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