Question

What should we do if the family will not cooperate on an executor who is delaying probate?

A relative died and the person who was supposed to handle the estate has not taken steps to advance probate. We want to know what we should do if the family will not cooperate on an executor who is delaying probate.

Asked in Wichita, KS · Feb 15, 2026 · 1 answer

Answer
Soradin

Soradin

General information

Posted Jul 24, 2026

For purposes of the estate plan, a beneficiary may be able to request information, ask the probate court to set deadlines, or seek another fiduciary if delay is harming the estate. In a probate or estate setting, the correct remedy depends on whether probate has been opened and why the delay is occurring. A local lawyer will usually need the signed documents, title records, family relationships, and current probate or trust status before giving a reliable opinion. Rules affecting estates, trusts, title, and family interests are state specific, so a local attorney should check the governing documents and the current court or title record before anyone makes a move that would be difficult to undo.

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