Legal Question in Wills and Trusts in Pennsylvania

What have you done to move things along? While your brothers are the executors named in the will, have they officially been appointed by the court and received letters testamentary? If not, why not? Have you sought to apply for probate? If they have been appointed and have done nothing, they are required to file status reports with the court and explain this. In giving my answer I am going to assume that this is a PA estate. However, if the estate is actually being probated in another state, you would have to consult a probate attorney in that state. Nevertheless, most states have mechanisms to move things along and if nothing has been done, then the estate administration laws contain a mechanism for compelling the executor to act or face removal.

Have you checked the probate file to see if it contains status reports or other evidence of activity? If so, what is noted on the report or file? Is there any kind of a reason for the delay? Most estates can be wrapped up in 1-2 years, but it depends on the size and complexity for the estate. It may take awhile to get approval from the PA Dept. of Revenue for final taxes. While it should not take 3 years, I can see that it may take 1-2 depending on when returns are filed.

If there is nothing in the file, then I suggest that you go and speak to a probate lawyer who practices in the county where the estate is probated. The attorney will want to review any documents in the file and see what, if anything has been done. If nothing has been done, the attorney can make application for probate for you. If your brothers have been appointed but have not fulfilled their duties, then the attorney can seek their removal.