Usually, the laws of the state in which the deceased was last a permanent resident prevail regarding governance of probate issues – covering all of...
Category - Probate Court
What happens if the personal representative fails to perform his or her duty?
An executor or administrator who is derelict in his or her duty may be held personally liable for damages caused in the administration of the estate...
Are personal representatives usually paid for their work?
Are personal representatives usually paid for their work? It is not a requirement, but usually they are compensated. In some cases, the Will...
If I am named as the personal representative, do I have to accept the job?
Of course not. It is always your option to serve or decline. Even if you agree to serve you can resign later. If you do quit before the completion of...
What are the main duties of a Personal Representative?
The main tasks of a Personal Representative are to: (1) determine if there are any probate assets; (2) identify, gather, and inventory the assets of...
Is it necessary for the personal representative to live in the decedent’s state?
It depends on the laws of the state, but usually isn’t an absolute requirement, but it is usually easier – especially regarding larger estates and...
Can there be more than one designated personal representative?
You could do so by appointing co-representatives or a secondary representative. However, this could not only cause problems during probate if there...
Who is legally responsible for handling the probate process?
If there is a will, the Personal Representative (sometimes referred to as the “executor” or “executrix”) is usually responsible. If there is no...
Is it necessary for all of the decedent’s property to go through probate?
Not necessarily, however, some legal method must be employed to transfer the legal title and ownership of the deceased’s property into the name of...
Can I handle probate without a lawyer?
While there is usually no legal requirement to use a probate lawyer, probate is a rather formalistic procedure. One minor omission, one failure to...