Legal Question in Wills and Trusts in North Carolina

I don't know how its possible to have a "possible will". Either there is a valid will or there isn't. If there is a valid will, then the person named as executor probates the will. If there is no valid will, girlfriend gets nothing and you or any siblings can seek to probate an estate.

Regardless of who is the personal representative, the duties are the same. The job is to figure out what your father owned, what he owed, to pay his just debts and then distribute what is left as either per your father''s will (if there was one) or as per the state intestacy law.

If girlfriend was named as executor in the will, she has to produce the will and can be compelled to produce the will. Once the will is filed, it must be determined whether your father had probate assets. Many assets are non-probate - examples are jointly titled real property with right of survivorship, joint bank accounts, life insurance or retirement benefits of some kind. What all did your father own and how was it titled? That may dictate whether an estate needs administered.

I would take more than a glance at this supposed will. To be valid in NC, the will must be signed by your father and witnessed by at least two people who are not beneficiaries under the will. To be self-proving, the will and witness signatures will be notarized. Self-proving means only that you do not have to get the witnesses to testify or sign an affidavit that they witnessed your father's signature because everyone signed in front of each other and a notary.

If the will is valid and leaves all to girlfriend, then its her problem to deal with. If you have questions about the validity of the will then I would go and see a probate lawyer who practices in the county/state where your father lived at the time of his death and get the attorney's opinion on validity. It is possible to challenge a will, even if it is valid on its face, if grounds to do so exist (either fraud, undue influence or lack of testamentary capacity).