The Reluctant Personal Representative

If someone is overjoyed at the thought of being the personal representative of a deceased person’s estate, it is hard not to wonder whether something is amiss.  The best-case scenario is that the enthusiastic personal representative is a probate lawyer who loves his job because his personal life is so dismal that work is the only place he gets to feel a human connection.  It’s downright creepy when someone is ecstatic about being the personal representative of a family member’s estate.  The rest of the family would have good reason to suspect the enthusiastic personal representative of unduly influencing the decedent to give him or her the role of personal representative and the lion’s share of the inheritance.  Most people dread the drudgery of probate, even if they would never dream of not fulfilling their promise to their deceased family member to act as personal representative of his or her estate.  If you are the heir of an estate with a reluctant personal representative, or if you are the reluctant personal representative yourself, contact a Washington, D.C. probate lawyer.

If the Decedent’s Will Names You As Personal Representative of the Estate, Can You Get Out of the Job?

No one is the personal representative of a deceased person’s estate until the probate court officially opens the estate and appoints the personal representative.  If the decedent left a will and it lists a personal representative, the court will appoint the personal representative listed in the will, regardless of whether he or she is the one who files the petition to open the estate.  If the decedent does not have a will, then the person who files the petition to open the estate becomes a personal representative.

After the court opens the estate, but before it formally appoints a personal representative, the person designated as personal representative of the will can decline the role.  If you want to get out of the personal representative role after probate has begun and the court has appointed you, you must submit your written resignation to the probate court, and it will go into effect 20 days later.

The most common reason that people resign from the role of personal representative, or refuse to take on the role in the first place, is their health.  If your spouse named you as the personal representative of his estate 40 years ago when you were newlyweds or when your children were young, there is no guarantee that you are still healthy enough for the task now.  If your only reason for wanting to resign is the stress of probate and disputes with the heirs, resigning is not the best option.  Instead, you should remain in your capacity as personal representative, but you should hire a probate lawyer to help you resolve the disputes.

Contact Tobin O’Connor Ewing About Getting Through Probate as Painlessly as Possible

A Washington, D.C. probate attorney can help you handle the routine tasks of probate and any estate-related disputes that might arise.  Contact Tobin, O’Connor, and Ewing in Washington, D.C. or call 202-362-5900.

Source:

registers.maryland.gov/main/faq.html#:~:text=If%20a%20personal%20representative%20wishes,notice%20to%20all%20interested%20persons.