My uncle lives out of state, he has had a copy of the will and the intent to probate for a month. He keeps giving excuses and still hasn't signed or returned the assent. He and my father are the only heirs. My father was named executor.
File the probate petition without him. The court will serve him by notice, and he will have 10 days to object, if he wants to do so. If he doesn't object in time, the probate will go through.
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