Can a convicted felon be a personal representative for an Estate?

Asked about 1 year ago - Pinetop, AZ

Dad died leaving will and very small estate. Will did not appoint an executor, so one of his kids needs to file to be personal representative-so far there is no one other than the kids willing to do it. Unfortunately for all involved, all four of Dad's kids have at least one felony conviction. The convictions are drug related and 10+ years old, none related to theft/fraud/etc. Question is--can a convicted felon be a personal representative for an Estate?

Attorney answers (4)

  1. Paul E Deloughery

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . I'm assuming there was no surviving spouse. Am I right?

    Can you get all of the kids to agree to appointing one of them? If so, there is no rule per se against someone with a felony record serving as PR. If only one is willing to serve, and even if they don't sign consents (called Renunciations), then there still shouldn't be an issue. What are they going to do, all accuse each other of having felonies?

    The thing is that for a small estate, you really need all the kids to sign Renunciations and nominate one of them to serve. Then you can file Informally. For a small estate, it doesn't make sense to have to schedule a hearing. Too much time and expense involved. Good luck!

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  2. Celia R Reed

    Contributor Level 20

    3

    Lawyers agree

    Answered . No.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  3. Gary Todd Dupler

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . The general rule is: the executor (personal representative) cannot be a minor, convicted felon, or a non-U.S. citizen. Since Ms. Reed is an Arizona attorney, I defer to and agree with her response for the specific rule in Arizona. Consult with Attorney Reed for more information.

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for... more
  4. Abigail Neal

    Contributor Level 8

    Answered . If the value of all of your father's personal property was $50,000 or less and the value of all his real property was $75,000 or less, you can avoid probate entirely by using a small estate affidavit. I would be more than happy to prepare the affidavits and the disclaimers of inheritance interest for each of the siblings. Please call me at (602) 633-1004.

    I am licensed to practice law in the State of Arizona. My practice focuses primarily on estate planning, probate... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,277 answers this week

2,999 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,277 answers this week

2,999 attorneys answering