What to Do If a Sibling Will Not Sign Probate

Conflicts between siblings can arise for any number of reasons. Add in the emotions of losing a loved one and disagreements over inheritance, and you’ve got a potential powder keg on your hands. 

What happens when one sibling refuses to sign the paperwork necessary to close the estate and distribute the inheritance? The good news is there are some options available to you.

Let’s take a look at a few scenarios and potential solutions below.

Probate Overview

Probate is a legal process through which the court oversees the settlement of a deceased person’s estate. 

Simply put, probate ensures that all the outstanding bills are paid and that whatever assets are left over are distributed to heirs accordingly.

How Are Estates Divided Amongst Siblings?

Things would be much easier if all parents left their assets to their children in equal shares. Unfortunately, this isn’t always the case. 

Sometimes, parents choose to leave a larger portion of their estate to one child, while others choose not to leave anything to one or more of their children.

There are many reasons for this, the most common include situations in which one child:

• Is in a significantly better or worse financial situation. 
• Devoted more of their time and/or money to caring for the parent(s).
• Received more financial support while the parents were living.
• Is disabled or incapable of supporting themselves.
• Owns a larger ownership interest in the family business.

One thing to note: these are all scenarios in which a will exists specifying how much is to be left to whom. 

In the absence of a will, the decedent’s assets are distributed equally in accordance with the laws in that jurisdiction. 

Contested Wills and Probate Disputes

When a beneficiary disagrees with the will, it’s called a contest. For instance, one sibling (usually the one receiving less than their other siblings) may dispute the will’s legitimacy or insist that the assets should be distributed more fairly.

Will and probate disputes can get really messy. Furthermore, they can drag on for months or even years. Meanwhile, the estate’s value continues to dwindle due to legal fees. 

Reasons a Sibling Might Refuse to Sign Probate Paperwork

There are plenty of reasons a sibling might try to interfere with the probate process. The most common include:

Unfair Treatment / Unequal Distribution

If one sibling inherits significantly more, the other sibling(s) may contest. For example, let’s say the family home was left to just one sibling. The other(s) may feel that’s unfair.

Accusations of Undue Influence

If a sibling feels the decedent was coerced or pressured into certain concessions by another sibling, a dispute may arise. 

Concerns About Mental Capacity

If one or more of the siblings feels the deceased was not of sound mind when they created or changed their will, its validity may be challenged.

Conflicting Wills

If a second will is discovered that conflicts with the first, expect someone to contest it. Note that this could result in the invalidation of both wills.

Misrepresentation or Mismanagement

If a sibling suspects that the executor mismanaged the estate or was dishonest about its assets, they may refuse to sign until a full accounting can be performed. 

What to Do if a Sibling Will Not Sign Probate

Probate disputes can be long and costly, so preventing them should be the goal. If a sibling is refusing to sign, here are a few suggestions to avoid litigation:

1. Open the Lines of Communication: Getting to the bottom of why the sibling in question doesn’t want to sign can go a long way toward resolving the issue so the probate process can move forward. 
2. Try to Negotiate: See if you can come to some sort of agreement or settlement that everyone can be happy with. Otherwise, the value of the estate could end up being depleted by legal expenses.
3. Enlist the Help of a Mediator: A neutral third-party mediator could help you and your siblings communicate and hopefully settle your differences. This is almost always a better option than litigation. 

If none of this works and your sibling refuses to budge, there may be no other option than to let the courts hash things out. In this case, it’s strongly advised that all heirs seek legal advice and/or representation by a qualified attorney.

Protecting Your Rights as a Beneficiary

What if you happen to be the sibling who is contesting the will or refusing to sign probate? There are a few steps you can take to try and preserve what you feel is rightfully yours:

• Communicate your concerns and explain your reasoning.
• Request an inventory of assets and an accounting of the estate’s finances.
• Consult with an experienced probate attorney. 
• Document all communications with the executor and other heirs. 
• Seek legal advice and/or action if necessary.