My mother and her sister are the surviving children of a parent who has passed with no will.
My mother lives out of state. In order to obtain a short certificate she was told she needed to post a $5,00.00 bond. She would like to relinquish her rights and name her eldest daughter as a replacement since she's in the same state as her aunt & where the deceased resided.
Is this a valid avenue or are there any other possibilities?
Estate Planning Attorney
Yes, your mother may file a renunciation with the Register of Wills, and in that document she may recommend that her daughter be appointed instead. The final decision will, however, be up to the court.
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Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.
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Wills and Living Wills Lawyer
When someone in PA dies without a will state law determines who is entitled to be the personal representative of the estate. Since your mother and sister are the intestate beneficiaries, they are both entitle to serve and would become co-administrators. If your mother renunciates her right to serve, I think the Register of Wills would appoint your aunt as sole Administrator. Your mother's situation is one of the reasons for people to prepare a Will, even when they have few assets. Generally, the Will waives the requirement of a bond for out of state personal representatives.
NOTE: Mr. Fischer is an attorney licensed to practice in Pennsylvania. He can be reached at 610-269-0900 Ext 2 or firstname.lastname@example.org. This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. Frequently the question does not include significant and important facts and time lines that if known could significantly change the response. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
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Divorce / Separation Lawyer
She can certainly refuse and then reccomend someone else, however it will be up to the court to determine who should take her place..It won't be your mother's decision.
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