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Question DetailsAsked on 1/29/2014

Need recommendations for probate attorney to request a change of an estate personal representative

To request a change of personal representative

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1 Answer


Angie's List does not list or reviews legal services or lawyers, so you will have to locate one by word of mouth or by googling.

If you mean to change the named PR in your own Will, that can be easily done by a Probate attorney - generally by amendment or codicil.

If you mean change the representative of an Estate that is already in Probate, a different matter. The personal representative is generally established in the Will by the deceased as his/her choice, or if none was named or named person was not available then appointed by the court at the time the Estate is entered into Probate. Generally, you have 15-30 days to objet to the initial appointment and issuance of "Letters" - the officiall Letters of Representation.

Therefore, it requires good cause for a court to change the original representative, not only because that person (if named in the Will) is presumed to be capable and the deceased's desired representative, but also it really mucks up the accounting and is expensive to change in mid-stream, and delays the closing of the Estate by a half year or more typically because it basically has to have an interim complete accounting approved, then the new representative pick up from there. Generally, you have to be able to prove malfeasance, criminal or self-serving acts, incompetence, or failure to perform significant required acts to get a change of Personal Representative. In addition, at least a majority of the beneficiaries usually have to support the change. Also, generally, if a change is effected, it will NOT be with who you want or yourself (if that is who you propose) - to avoid the entire conflict issue and the infighting between parties if you were to replace the original, the court will usually appoint a disinterested attorney as the new PR - which increases the Estate cost considerably over an individual acting as PR with an attorney and accountant advising as needed.

Answered 6 years ago by LCD

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