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

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?

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Attorney answers 4

Best Answer
Posted

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-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Asker

Posted

You are correct on all counts, and all the kids are in agreement with one being appointed. I thank you very much for your thoughtful answer. Truly appreciated!

Posted

No.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Posted

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 general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.

Posted

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 and business law. The answer above does not create an attorney/client relationship. This answer should be considered as only educational in nature and does it constitute legal advice (ie. the application of the law to a specific set of circumstances). Often a question does not include all important facts which could materially change the answer to the question if all of the facts were known. The information provided above is not a substitute for competent legal advice from a licensed attorney. You should consult with a lawyer in your state to discuss the application of the law to your specific set of circumstances. If you would like more information about this topic or further information about this question, please contact me at Moshier & Neal, PLC, 3001 East Camelback Road, Suite 130, Phoenix, Arizona 85016, (602) 633-1004 or www.azcalaw.com

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