When does my sister need to file my deceased father’s Will to probate?

UPDATED: Mar 3, 2011

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When does my sister need to file my deceased father’s Will to probate?

My father passed on 01/30 this year and my sister is the executor. She is refusing to give me a copy of the Will and as of 03/03 has not filed probate yet? Is there a time-line when she has to file probate? Does the dollar amount of his assets make a difference in the time frame? She inherited his home but the title was still in his name. He has other bank accounts and liquid assets that should be divided equally between us but I’m not sure where or how much unless I can review the will. Can I send a written request to provide me a copy of the Will and is she legally obligated? In OR.

Asked on March 3, 2011 under Estate Planning, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss and for your troubles here.  Generally speaking, each state's law that surround the probate of a Last Will and Testament require that notice be given not only to those that inherit under the Will but to those that would have inherited should the decedent had died without a Will (or Intestate).  And you should also receive a copy of the Will with the notice (also generally called a "citation").  You can indeed demand that she forward you a copy and you can probably make a demand that she submit the Will for probate.  Many states do have time restrictions but I would consult with an attorney in your area as to the specifics.  Good luck.

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