Can You Refuse A Personal Representative Position?
If you have been appointed to the role of a personal representative (or executor), you might be caught off-guard. Not everyone knows what to expect during this process. This type of job can be time-consuming and difficult for many who are not prepared for the responsibility. Others may be too ill or elderly to perform the tasks of the job. You may opt to turn down the job if you wish. Read on to find out more about the duties of a personal representative and what to do if you are unable to fulfill the responsibilities.
What Does a Personal Representative Do?
A personal representative is responsible for administering the estate of a deceased person. The duties of a personal representative can include:
- Gathering and managing the assets of the estate.
- Paying the debts and taxes of the estate.
- Distributing the assets of the estate to the beneficiaries.
- Filing tax returns and other necessary paperwork.
- Handling any legal disputes related to the estate.
How to Refuse the Role of Personal Representative
You have the right to refuse the role. In such cases, the court will appoint an alternate personal representative, such as a family member, a family attorney, or a professional estate administrator to handle the duties.
An alternative is to ask the court to appoint a co-representative to assist with the duties of the estate. This can help divide the tasks required and remove half of the burden from the appointee. Adding a co-representative can often be accomplished with the filing of a petition with the probate court. Speak to a probate attorney for help with this task.
However, if you want to turn down the role entirely, you must petition the court. A petition should be filed with the court to appoint an alternate personal representative.
Once the petition has been filed, a court hearing will be scheduled to appoint an alternate personal representative. It's important to attend the hearing and provide any necessary information to the court.
Once an alternate personal representative has been appointed, they will assume the duties of the personal representative. It's helpful to make contact with the new representative and provide them with all the necessary information and documentation related to the estate.
If a person refuses the job of personal representative, the court can appoint an alternate personal representative to handle the duties. It's important to follow the proper legal procedures to ensure the estate is properly administered.