Legal Question in Wills and Trusts in Washington
Probating a will
My brother is named executor of my mother's will and I'm concerned he will drag his feet in having her will probated. Can I take the will to my attorney and instruct him to proceed with probate and not wait for my brother?
2 Answers from Attorneys
Re: Probating a will
Yes, if he is unreasonably dragging his feet. But if he was the named Executor he has the initial right to commence estate administration. It depends on the date of death and the complexity of your mother's estate. Often times an attorney can "jump start" a slow Executor by sending a short note indicating that if the named Executor has no interest in commencing the probate, their client will. But your question as written is really a "what if" question that appears not quite ripe yet, although I obviously do not have all the information before me.
Re: Probating a will
You can take the will to your attorney because you are a beneficiary, thus you have an interest in seeing the probate commenced and concluded.
Whether or not your attorney decides this is the time to commence the probate is another matter.
Instructing an attorney to do something that is not clearly well founded won't get you what you want. Just go ask.
I hope this helps. Powell