How do I force the probate of my sister's will when brother was named executor?

Full question:

My questions are about Probate. My brother in MD was named executor of our sister's estate about six months ago. I live in Texas. I have received no legal papers concerning his appointment. Our sister lived in CO. I went to CO when she died-no one else went to CO. While there I had my sister's mail forwarded to Houston. My brother has never asked for this correspondence since being named executor. He has been represented by an attorney since our sister's death. How can I find out if my brother was appointed executor? If so, how can I have him removed for failure to perform his duties as executor?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Colorado

Answer:

The statement in your question ("since being named executor") implies that there has been an estate opened in Colorado to adminster your sister's will. Only the probate court can appoint an executor based on who the deceased chose to serve in that capacity. If that is true, then you could contact the local probate court for an update on the status of the estate. An executor who does not properly carry out his/her responsibilities can be held personally liable.

In most probate cases the process starts when the person requesting appointment as personal representative (executor or administrator) hires an experienced probate lawyer or estate administration attorney to prepare and file a Petition for Probate.

Then the probate lawyer, or the petitioner arranges to mail notices to everyone named in the decedent’s Will (when there is a Will) and all his/her legal heirs about the death and the probate hearing. (probate hearings are not necessary for estate settled under trust agreements).

The notice must also be published in the newspaper where the decedent lived to let creditors know about the hearing.

Notice gives everyone notified an opportunity to object to admitting the Will and to the appointment of the executor, personal representative.

The hearing usually takes place several weeks after the matter is filed. The purpose of the hearing is to determine the validity of the Will and to appoint the executor, administrator or personal representative.

Sometimes, the Court will need the people who witnessed the decedent's signature on the Will to sign a declaration.

If there are no objections, the court will approve the petition and appoint the personal representative.

The personal representative must identify, take possession of, and manage the probate assets until all debts have been paid and tax returns filed. This process usually takes about a year.

Depending on the terms of the Will (if there is a Will), and on the amount of the decedent's debts, the personal representative may have to sell real estate, securities or other property.

For example, if the Will makes cash gifts but the estate consists mostly of valuable artwork, the art may have to be appraised and sold to produce cash.
Or, if there are unpaid debts, the personal representative may have to sell some of the estate property to pay them.

After paying the debts and taxes, the executor personal representative must file a report with the court. The report accounts for all income received and payments made on behalf of the estate.

The judge will then authorize the personal representative to divide the remaining property among the people or organizations named in the Will.

The property is transferred to its new owners. The final estate accounting is completed. Estate is closed after consultation with the attorney. Probate process ends.