A personal representative has to make time to attend court hearings as well as locate a will and secure high-value assets. Their obligations can easily last for a year or longer depending on the extent of the estate and the creditor claims that arise.
In some cases, probate proceedings can extend well over a year because of litigation. If a personal representative handling a parent’s or grandparent’s estate is part of a family that has seen interpersonal conflicts in the past, they may worry about their siblings taking issue with their choices and trying to remove them from their position.
How can personal representatives protect themselves from controversy and removal while handling probate matters?
Get support early in the process
Personal representatives are vulnerable to removal if they fail to act or do not follow established rules during estate administration. The sooner a personal representative secures representation and guidance, the less likely they are to make mistakes or oversights that could justify their removal from their position.
Review documents and learn the law
A personal representative must follow state probate statutes and the instructions of the decedent regarding the distribution of their property. Personal representatives often need insight into state law and assistance when reviewing documents to ensure they follow the instructions of the testator appropriately.
Typically, they must handle outside financial responsibilities, including personal debt owed by the decedent and outstanding tax responsibilities, before distributing property to beneficiaries or heirs. Clear communication with those expecting to inherit can reduce the likelihood of a lawsuit inspired by frustration with a shrinking inheritance.
Keep clear records
Sometimes, estates are insolvent. The decedent passes with more debt than resources, meaning that no one in their inner circle is likely to receive much of an inheritance. Other times, they may have substantial debts that significantly limit how much their loved ones inherit.
In scenarios where personal representatives may not be able to fulfill the instructions of the testator because of financial obligations, records are crucial for their protection. They need proof that they used estate resources to cover valid debts, financial obligations and taxes.
They may even need to use handwritten receipts to establish that beneficiaries have received specific physical assets from the estate. Personal representatives who keep clear records are less likely to face removal from their roles because of conflict with family members upset about a small inheritance.
Following the right steps during estate administration makes it far less likely for siblings and other family members to take issue with the actions of a personal representative. People handling estate administration often need to be proactive about protecting themselves from the financial and legal challenges that may arise due to probate disputes.