Legal Question in Wills and Trusts in North Carolina

Is a will valid if it isn't probated timely? The executor is one of the heirs, there were no outstanding debts, no taxes to file. It has been over three years. The executor and her 3 brothers haven't been in any hurry to probate. But now the executor has been diagnosed with life threatening issues. What happens if she should die before will is probated or become mentally incapaciated? She does have a will.


Asked on 7/24/10, 9:59 am

1 Answer from Attorneys
Rachel Hunter

What do you mean, "not probated timely?" There are no time limits and I fail to see why any time limits would invalidate a will. The executor can be compelled to produce the will. Since it has been three years, seek to have the court appoint a public administrator if the executor cannot administer the estate. Or, if the will names a successor, have the executor renounce and the other executor step in. If there is no successor, then anyone can apply or the court can appoint someone.

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Answered on 7/26/10, 10:41 am


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