What is the timeline toexecute the terms of a Will?

UPDATED: Dec 19, 2011

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What is the timeline toexecute the terms of a Will?

There was a Will and home was to be sold and split evenly 3 ways. It has been 1 1/2 years year and the executor is older brother. He will not move out of home to sell the home.

Asked on December 19, 2011 under Estate Planning, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If no probate petition has been filed concerning the Will you are writing about, you need to retain a Wills and trust attorney to file the petition to probate the Will you have written about. If one has been filed, you should first go down to the county court house where the probate proceeding was filed to see what the status is as to the proceeding.

If the status is not proceeding in the manner that you like, you need to meet with the Will's executor and the presumed probate attorney to see what needs to be done to expedite the process. If you get a response that you do not like, you may need to retain an attorney to file a petition to remove the executor and replace him with another person to get the estate distributed in an orderly fashion.

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