Niece refuses to sign letter of Testamentary ?
3 attorney answers
If you have an attorney, s/he should know what to do. That said, you don't sign for Letters Testamentary. It sounds like your niece will not acknowledge service and assent to the Petition for Letters Testamentary. Your attorney should file the petition and let the court serve the niece.
If you have an heir who does not want to sign the Petition to Probate Will in Solemn Form to consent to have a Will admitted to probate, then the Petition will need to be filed without that heir's signature. This should be described in the Petition. The Court will then send notice (either by certified mail or in person, depending on where the heir lives and other factors) to that heir, and she will have a fairly short period of time to respond with any objections she may have to the Petition. If no objection is received, then the Petition will be granted without that heir's consent. Your attorney should know how to handle all that if he's a probate attorney. If the Petition is requesting a grant of certain powers or make certain other requests, then it may have to be amended before it is filed, because some requests can only be granted with the consent of all heirs and Will beneficiaries. If there's no special requests being made, however, it may just need to be filed as is.
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Unless your niece is the probate judge handling the proceedings, your atty need do nothing. And since you have an attorney why not ask the attorney what he should do?
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