Q: Does a Executor have to file a death certificate and probate a will after death in Ohio? What if this never happened?
I think my husband's brother stole from his siblings. He never filed the death cert or probated the will. We paid for a chunk of the funeral and for his sister and her 2 kids to fly in which was supposed to be paid back to us out of the estate. They also found bars of silver in the house that could have been used to pay us back but we have heard nothing. What are the next steps?
A: A will merely nominates someone to be the executor. That person must file the will with the probate court and have the court appoint that person as the executor. Until that happens, there is no executor. If the person named in the will doesn't do it, then any other family member can file with the court to probate the estate. The probate court can then appoint someone else to be the executor. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise of the options. Act quickly if the brother is acting improperly and taking property of the estate. Whoever paid the funeral bill can also make a claim to be paid from the estate assets.
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