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How do I apply to be the executor of my mothers estate if the will is not valid an the executor of that will decline ?

Colorado Springs, CO |

Three yrs since death and all sibling have agreed to allow me to handle matters.

Attorney Answers 3


  1. you need to consult a probate attorney in the county where she died or owned land on the procedural options.


  2. Why do you state the Will is not valid? If the named person declined and no one else is named, as long as your mother wasnt married at death you should be able to seek to be appointed. You should consult local probate counsel.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.


  3. Although you will be better served by seeking counsel to handle this matter, you can file a petition seeking your appointment as PR and the other children can decline to serve. Good luck!

    This general response is not intended to be legal advice because I don't have all the facts. The particular facts in each instance will change the recommendation significantly. Any statements made in your posting on Avvo are not protected by the attorney-client privilege because they are shared with third parties. I require a written contract for legal services, so an attorney-client relationship may not be presumed merely by my response to an Avvo posting.

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