Legal Question in Wills and Trusts in Pennsylvania

The executor is responsible for probating (filing) the Will in the Office of the Register of Wills for the County where your father resided at the time of his death. If he has not done so, you may consult an estates lawyer to find out how to compel your brother to file the Will. An accounting is not required to be filed in the first year after the estate is opened. However, the executor must give notice to all of the heirs within 10 days after filing the Will. It sounds as if your brother is not fulfilling his obligations as executor.

Calling your brother obviously is not going to make him do anything. Go to an estates lawyer in the County where your father resided at the time of his death to find out what actions you may take to get the estate probated and administered.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Your brother has to file an accounting within one year after probate. A final accounting gets filed when the estate is ready for closure. Also, your brother may be waiting on the notice of appraisal from the state revenue department as PA has inheritance tax (assuming the estate is in PA).

Most states take 1-2 years to complete the administration. A frequent complaint often is that the executor is not communicating with the beneficiaries. I don't understand this but it may or may not be worrisome. I agree with Attorney Jacobson that you need to contact a probate attorney who practices in the county/state where the estate is pending. Before you do, contact the probate court (called the Orphans' Court in PA). See if a will was filed and if an estate is opened. If so, make a copy of all filed documents and have the attorney review. If no estate has been probated but the will is filed, why not? Are there probate assets? If there is only a bank account for example, then maybe no probate is necessary. There still would be inheritance taxes owed and tax returns are not due yet. If no will has even been filed, production of the will can be compelled.