What happens if the personal representative of a estate dies before the estate is probated.
My father made my mother PR of his estate in his will the attorney is making her trustee of dads trust
He died 3 months ago
My mother was diagnosed with cancer that has spread and is deciding to have surgery or not....she is 80 and the doctors are scared she wont make it...if she doesnt have surgery she may not last a year.
what usually happens in these situations
Normally the will appoints a backup Personal Representatve just in case the first person can't serve. If the will does not have a backup the judge will appoint a PR. Your state probate code lists family members that would have first priority to be PR if needed. Most state say spouse first and then kids if age of majority.. You should talk to an estate planning attorney to see who would likely be appointed .
I'm sorry about your father's death and your mother's condition. If your father's will names a "successor" personal representative, then that person would become the executor if your mother does not initiate a probate proceeding. If your mother has already begun probating your father's estate, then she can resign (in which case the successor would be asked to take over) or she can be removed if she is unable to fulfill her duties (in which case the successor would be asked to take over). If your father did not name a successor executor, then any heir can submit a petition to be named executor.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
you should look at the Will or trust document. in many cases there is a back up PR/executor. if not you will likely need court approval, in some states its rather simple, one of the heirs can step up and ask the others to allow him/her to proceed. if there is only ine heir its even easier. but there will likley need legal documents filed wiht the local probate/surogate court.
If the will does not provide for a substitute PR, the court can appoint one of the heirs as the new PR.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
