Can a beneficary of a will force the executor to probate a will when she refuses to do so?

Question

My aunt is the executor of a will left by my grandmother. She refuses to probate the will that entitles property in Arkansas to be divided between my aunt, my father and my uncle. The will was drawn up in Arkansas decades ago. My grandmother died about 20 years ago and was a resident of California when she died. My aunt, father and uncle all live in California. My dad does not have the original will but he does have a copy. He would like to have his share of the property now so that he can give it to his younger children, but my aunt refuses to probate the will. Can he bring this to the California courts or must he go through Arkansas. The attorney is also deceased. Thank you.

Answer 1

You have to go through the Arkansas courts, and yes it can be done! You need a new attorney!

Answer 2

It should be probated in the the state she was a resident of when she died and you need to get a probate attorney and get it done.

Who has been paying the property taxes on that property all these years? Are you sure the property is even still in the grandmothers name?

The first thing you might want to do is some checking with the county in Arkansas and find out who is listed as the owner of that property. It may well have been sold for tax liens by now if no one has been paying Grandma's property taxes.

Answer 3

You'd have to consult an attorney, but my guess is that it must be done in Arkansas. Your father, or, in the event of his death, you could probably file a claim on the estate in Arkansas and force her to do so. But there will be expenses. Maybe if you threaten to do so, she'll agree to get it done.