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...

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...

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...

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...

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