My mother died in 2006. The executor read her Will informally at his house but has refused to probate the estate or provide a copy of the Will. How can you get the executor to probate the estate?

Answer 1

I suggest that you contact a lawyer and file a lawsuit against the executor.

Any person who willfully withholds a decedent's Will from being probated is subject to penalties under the laws in most jurisdictions. In fact, there is no executor until the will has been examined and approved by the probate court and the court has appointed the executor. The person you are referring to as "the executor" is simply the person who is holding up the probating of the estate by the unauthorized retention of the decedent's will. If the family members know there is a will and that person will not produce it then you should bring an action in probate court and have them served.

Here is an example of the law in Massachusetts:

Chapter 190B: Section 2-516. Duty of custodian of will; liability

[ Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]
Section 2-516. Section 2-516. [Duty of Custodian of Will; Liability.]
After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, 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.