QUESTION
What does "complaint for probate of will" mean?
Asked on Mar 06th, 2014 on Trusts and Estates - New Jersey
More details to this question:
My sister claims she filed our mother's will for probate last year, but I never received notice of probate, a copy of the Will, she is refusing to put mother's house on market (it has been a year since mother's death) until she is emotionally ready, and I have received nothing from various accounts sister controls. The only record I can find is a "complaint for probate of will" filed in Fall of 2013. Should I be concerned? This is state of NJ.
1 ANSWER
2 Awards
A complaint for probate is another way of saying the will was recorded or submitted to the court for probate. Your sister was probably appointed as the Executor. You should call the county probate court of the county in which your mother lived. Get a copy of all of the documents in the probate file. If your sister has not provided you with a notice of probate or a copy of the will, she is not fulfilling her duties as Executor and could be removed by the Court. You should ask for an accounting of estate assets. A typical estate should take a year or less to complete.
Answered on Mar 07th, 2014 at 1:53 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship