Can The Personal Representative Of An Estate Resign From The Role?
No one enjoys being the personal representative of a deceased person’s estate, with the possible exception of lawyers who choose to focus their practice on estate planning and probate cases. It is at least as much work as filing your taxes, and even if you get an inheritance at the end, this inheritance is no substitute for the family member you lost. Even though probate is drudgery, most personal representatives stay the course until the state settles, wanting to fulfill the promise they made to the deceased loved ones who designated them as personal representatives in their wills. If you are overwhelmed with the responsibilities of the personal representative role, it is possible to get the court’s permission to resign. In most cases, though, it is a better idea to complete your tasks as personal representative of the estate, with the help of a Tampa probate lawyer.
Why Would Someone Want to Resign as Personal Representative?
There are two ways to become the personal representative of an estate. The first way is to present the decedent’s will to the court when you open the estate for probate; if the will designates you as personal representative, the court will formally bestow this role on you, and your duties as personal representative begin when you officially accept the role. The second way is to petition the court to open an intestate estate, one where the decedent did not leave a will. When this happens, the court names the petitioner as personal representative.
If you do not want to be personal representative, the simplest way to get out of it is to decline the appointment before the court officially appoints you. If you start the task but then want to get out of it, you must get the court’s permission to withdraw. The most common reason that people decline the role is their health; they are older and less healthy than they were when the decedent listed them as personal representative of the estate. Another reason is tax liability. According to Florida law, the personal representative must pay the decedent’s outstanding tax debts out of the personal representative’s own funds if the estate is not enough to cover them. This situation can happen if a deceased family member had tax debts that you did not know about.
What If Someone Else Wants to Remove the Personal Representative?
Sometimes the beneficiaries of the will want to move the personal representative. They can only do this if the will that listed the personal representative is legally invalid or if the personal representative has breached his or her fiduciary duty by mismanaging the funds of the estate. Most conflicts between heirs and personal representatives do not require removal of the personal representative and can be resolved through legal action.
Contact David Toback About Probate Disputes
A Central Florida probate lawyer can help you if you are uneasy in your role as personal representative of a deceased family member’s estate. Contact David Toback in Tampa, Florida to set up a consultation.
Source:
leg.state.fl.us/Statutes/Index.cfm/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.502.html#:~:text=733.502%20Resignation%20of%20personal%20representative,not%20jeopardized%20by%20the%20resignation.
