Q: Can we start Probate on a brother's estate w/o 1 sibling's cooperation in appointing a Personal Representative?
My deceased brother had no spouse, children, or living parents and passed w/o a will. 5 of 6 siblings are trying to start Probate and 1 sibling is refusing to cooperate in this process, and won't sign the document to allow for assignment of PR to my sister. What do we do to start Probate?
A: You do not need a unanimous agreement or consensus amongst the heirs to initiate probate. You file the petition with court, and serve all heirs with the copy of the petition and notice of hearing. The sibling that is not cooperative can then file their objections and explain why either probate is unnecessary or why the nominated personal representative is somehow unsuitable to serve. the judge will then determine if the objections have any validity. if the objections are frivolous, the judge will dismiss them and proceed to grant the petition and appoint the nominated personal representative. But no person can prevent you from filing to open the estate. *This is general information that does not constitute legal advice. The answer may change depending on your specific circumstances.
Trent Harris and Kenneth V Zichi agree with this answer
A:
Ms Archie is correct, but if there is disagreement, it makes a LOT of sense to discuss this with a probate attorney FIRST. Your sibling may well be correct that probate is not necessary.
Explain the facts and why you think probate is needed (it probably is, but it may not be!) and have that attorney help prepare paperwork and insure all the procedures are followed completely.
It will likely be less expensive than you think and will probably be invaluable in helping you through the process.
A: You can start the probate process at any time. When someone dies without a will, they die "intestate." This means that any of the decedent's assets will go through the probate processes and administered by the probate judge. The judge will use state statutes to decide on the distribution of all assets. You do not need any permission from your siblings to start this process. For more information see www.ProvenResource.com
A: You can start the probate process at any time. When someone dies without a will, they die "intestate." This means that any of the decedent's assets will go through the probate processes and administered by the probate judge. The judge will use state statutes to decide on the distribution of all assets. You do not need any permission from your siblings to start this process. For more information see www.ProvenResource.com
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