brother-in-law refuses to probate will

[buckoforpres]

What is the name of your state? Georgia.

My husband's mother passed away, no husband, has 2 sons. She supposedly left a will, but living in TX, we are not sure. My husband's brother lives in GA and is executor of the estate. He is angry about being the one to take care of mom, and will not probate the will. My husband won't pursue it, which is his choice of course. I am curious tho - if brother-in-law doesn't bring the will to probate - been 2 years so far - does anything ever happen automatically? Is there a time limit for it to be done, or anything? Brother-in-law works, and as far as we know isn't squandering her estate, but just won't have the will administered. Any thoughts on this? Again, my husband will not pursue this as he doesn't want to create problems with his brother. I am wondering if anything will ever happen, due to a time limit or something?

 

[anteater]

What is the name of your state? Georgia.

My husband's mother passed away, no husband, has 2 sons. She supposedly left a will, but living in TX, we are not sure. My husband's brother lives in GA and is executor of the estate. He is angry about being the one to take care of mom, and will not probate the will. My husband won't pursue it, which is his choice of course. I am curious tho - if brother-in-law doesn't bring the will to probate - been 2 years so far - does anything ever happen automatically? Is there a time limit for it to be done, or anything? Brother-in-law works, and as far as we know isn't squandering her estate, but just won't have the will administered. Any thoughts on this? Again, my husband will not pursue this as he doesn't want to create problems with his brother. I am wondering if anything will ever happen, due to a time limit or something?

Well, the Geogia Code says:

§ 53-5-3. (Revised Probate Code of 1998) Time limitation
A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for:

(1) The appointment of a personal representative of the decedent's estate;

(2) An order granting year's support from the decedent's estate; or

(3) An order that no administration is necessary on the decedent's estate;

provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002.


§ 53-5-5. (Revised Probate Code of 1998) Duty to file will
A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.

Nobody is going to start hunting BIL down. But, as long as no estate administration takes place, nobody has the legal authority to do anyhting with mother's assets.

What exactly do you mean by your husband not wanting to pursue it? Do you mean that he does not care to inherit if he is named in that "supposed will" or under Georgia's intestate provisions? If that is the case, he could just tell BIL that he will disclaim his right to inherit and let BIL proceed.