need help starting probate

[canning]

What is the name of your state? mn
My dad's mom died back in May of this year . His brother has all the paperwork ,money etc. His brother refuses to start probate or file the will with the state. We have seen the will and it's suppose be split between them. So how do I make him file the will with probate and get this process started? Also we do not trust him to be the executor so how do we get a state appt. exector to take over? We don't have a copy of the will but I have a copy of the death certificate.

 

[anteater]

Perhaps a threat will work.

524.2-516 DUTY OF CUSTODIAN OF WILL; LIABILITY.
After the death of a testator and on request of an interested person, a person having custody
of a will of the testator shall deliver it with reasonable promptness to an appropriate court. A
person who willfully fails to deliver a will is liable to any person aggrieved for any damages
that may be sustained by the failure. A person who willfully refuses or fails to deliver a will
after being ordered by the court in a proceeding brought for the purpose of compelling delivery
is subject to penalty for contempt of court.

Your Dad can always open probate and petition to be named executor, citing his brother's failure to do so in a timely manner. And then petition the court to compel the brother to produce the will. This is probably not a DIY project and your Dad would be well-advised to retain an attorney.