I am sorry to hear about the loss of your father....
In terms of probating his will and "changing" his executor, you should really have an attorney review the will and the wishes of any named or successor executors to determine how to appoint a new executor.
Before the will is admitted into probate, you must have the right to review and agree to the will being probated and an executor appointed OR challenge the will and/or the proposed executor/executrix.
I recommend that you speak to an attorney about your specific case. Many, including myself, offer a free confidential consultation.
Roman Aminov, Esq.
Law Offices of Roman Aminov
Estate Planning - Elder Law - Probate
147-17 Union Turnpike | Flushing, New York 11367
P: 347.766.2685 | F: 347.474.7344
Roman@AminovLaw.com | www.AminovLaw.com
This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.
As a distributee of your father's estate you are entitled to see a copy of the document that is being presented to the Surrogate's Court as his Last Will and Testament. It can take time for all the papers that need to be submitted to the court along with the will to be gathered, either by the proposed executor or their attorney.
If the nominated executor does not wish to serve the terms of the will would control who could step up next to be appointed.
If the proposed executor has retained an attorney you must keep in mind that the attorney does not represent the entire family. It may be in your best interest to consult with your own attorney if you have concerns about the will or eventual distribution of assets.
This communication is neither a solicitation nor an offer to represent you. The information provided to you in this communication is not intended to create and does not create a lawyer-client relationship with the Law Office of Daniel A. Jimenez P.C.