No. of Recommendations: 3
Keep in mind that if you rely on the court to appoint an executor, you run the risk that the judge will appoint a neutral third party, possibly an attorney who will charge for his services. Stories are told of attorneys who stretch out the process and continue billing hours until assets of the estate are depleted. Hence heirs may get nothing.

I think, as with most estate things, that it really depends on the particular state where this is happening, and perhaps the OP should check into this.

I can say that we have recently gone through this, and it was pretty easy to get DH appointed even though we did not get sign-off from all his siblings. Around here, if there is someone stepping forward that is connected to the estate, they seem agreeable to have the person appointed vs. having some 3rd party appointed instead. That said, there are virtually no assets in the estate, and what there is will be going to Medicaid anyhow, so perhaps that makes a difference.

What I would not be doing, however, is just sitting there waiting for the assets to be lost due to other things (i.e. if no one pays the taxes on the real property, the city will take the property for back-taxes). I would be asking an attorney and I would be trying to either be appointed executor of having someone else appointed, but I wouldn't be letting it just go.
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