Does the original lawyer need to go through court to assign someone else? Original lawyer won't return phone calls and the new lawyer doesn't seem to know how to proceed.
No executor named in a Will becomes the executor until a court appoints that person executor. If the named executor refuses to act and the Will names a successor executor, the court can appoint that person if the first named executor provides a satisfactory excuse. If the named executor refuses to act and the Will does not name a successor executor, submit the Will for probate and ask the court to appoint an executor.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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