Q: Attorney withdrew from case no other attorney was hired back in 2009 is it still in probate
My uncle is the personal rep of my grandmas estate in 09 our lawyer withdrew 3 months later and we never hired another attorney is the estate still in probate and my uncle just past away and was married to my aunt 42 years does she take over for my uncle
A:
I can tell you for certain that your aunt does not take over for your uncle as executor. Executor status is not something that is ever “inherited”.
As to whether the probate case is still open, that would require a review of the case file. Some courts do close cases after a while for inactivity. I am not sure about courts on OK because I do not practice there. Hopefully an OK probate attorney will chime in.
James Tack Jr agrees with this answer
A: The probate would still be open. There is a statutory list of persons who have priority as an personal representative. The aunt would not be in that list (unless she was named as an alternative executor in the will). If there are assets in the estate to justify it, you should seek to hire a new attorney to straighten things out.
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