When Removing a Personal Representatives of an Estate Is Necessary

What Does Being a Personal Representative Entail?

Being a personal representative for an estate is a responsibility that you will likely have to accept at some point in your life. In fact, anyone can be appointed to be the personal representative of an estate at any time. That being said, it is important to be aware of what this role entails before agreeing to take it on. 

One of your primary responsibilities as a personal representative is identifying and inventorying all of the assets that the deceased person left behind. This might include real estate, stocks and bonds, bank accounts, cars, boats, and any other belongings of value that they might have owned. 

You will also need to find any outstanding debts or liens that the deceased person had outstanding. In rare cases, you might even have to go to court to defend the distribution of assets and the disbursement of any profits from those assets.

Finding a Replacement

If you find that you simply do not have the time or the ability to be a good personal representative of an estate, you need to find a replacement as soon as possible. 

Ideally, the person you choose to replace yourself will already have a relationship with the family of the deceased person and be able to easily communicate with them about their inheritance. Any interested parties can apply for the position of personal representative. 

If there are multiple people interested in becoming the personal representative of an estate, it may be helpful to create a short application that they can use to apply for the job.

Disorganization and Incoherence

If the family of the deceased person is unorganized and confused, it may be best to remove yourself as a personal representative. If you find that the family members cannot agree on basic things, such as who should be at the reading of the will or if they even want to be there, you may have to remove yourself as a personal representative. 

If basic decisions cannot be agreed upon, it is unlikely that the family members will be able to navigate the intricacies of the financial and legal aspects of being a personal representative. If this is the case, you may have to replace yourself as the personal representative of the estate until the family members are able to get back on their feet again.

A Confusing Estate

If you find that the estate of the deceased person is confusing, you may want to step down as a personal representative of the estate. It is important that the estate be clear and easy to understand for all parties involved. 

If you find that you cannot make sense of the deceased person’s assets or finances, it may be best to remove yourself as a personal representative and look for someone else to take your place. A confusing estate can occur for a number of reasons. 

The deceased person may have had complicated finances, which could make it difficult to identify their assets. Alternatively, the deceased person may have had a very complex will that is difficult to understand or interpret. 

If you find that the estate of the deceased person is confusing or difficult to make sense of, you may want to remove yourself as a personal representative and look for someone else to take your place.

A Time Constraint

If you find that you simply do not have enough time to finish up your responsibilities as a personal representative of an estate, it may be best to step down. Luckily, this is an instance where you can actually make an official resignation. 

When you resign as a personal representative of an estate, you must inform the court that you are no longer interested in holding that position. You can do this in writing by sending a letter to the court that appointed you as the personal representative of the estate. 

You can also give a copy of this letter to the family members of the deceased person. If you have been the personal representative of an estate for a while and simply cannot complete your duties within a reasonable amount of time, it may be best to resign.

Conclusion

Being a personal representative is a serious responsibility that you must take on only if you are prepared for the amount of work and time it will take from you. Ideally, you will find someone who is capable of doing the job but also has a close relationship with the family members of the deceased person in order to maintain a smooth transition and help the family members understand their inheritance. 

If the family members are unorganized and confused, it may be best to remove yourself as a personal representative until they are able to organize and clarify their thoughts. If the estate of the deceased person is confusing, it may be best to remove yourself as a personal representative until it is clear and easy to understand.

Get in Touch with Doane & Doane Today

If you need help removing a personal representative from an estate, the attorneys at Doane & Doane are here to help. We have extensive experience handling probate and estate administration matters and can guide you through every step of the process. Contact us today to schedule a consultation.

Phone: 561-656-0200
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The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.