- 1). Call or visit the person the will appoints as executor. Ask him questions about commencing probate. Although he is not obliged to open probate immediately, a lengthy delay can prejudice the estate.
- 2). Open probate yourself, if you qualify in your state. Many states allow either an executor or anyone with a pecuniary interest in the estate to file the will in probate. You have a pecuniary interest if you stand to inherit money or property under the will. Obtain the appropriate petition form from the probate court, fill it in, and file it with the will and death certificate.
- 3). Learn the probate time frame in your state. Some states, like California, require the executor to petition for distribution of assets within six months of the date the court officially issues papers naming him executor. If he does not do so, he must certify the status of the estate to the court at that time.
- 4). Attend probate hearings, and ask questions. All heirs receive notice of probate hearings, and, in most jurisdictions, the judge allows them to ask questions and present issues in open court. Your attendance demonstrates to the executor and the court that the heirs are anxious to proceed.
- 5). File a motion with the court to replace the executor if you have proof that he is neglecting his duties, causing detriment to the estate or dragging out the matter to extract additional fees. Follow court procedure in serving copies of the motion on the other parties to the probate. The court gives you a hearing date for the motion. Appear on that date, and argue the case.
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