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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33554
Experience:  Estate Law Expert
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Is it possible to transfer personal representative responsibilities

Customer Question

Is it possible to transfer personal representative responsibilities from on person to another.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
If a person has been appointed the representative by the court and no longer wants to serve then they can file a Motion to Withdraw and the other person can file a Motion to Substitute in as the representative but if they've been appointed by the court then they only way they can be removed and replaced is by the court.
Customer: replied 2 years ago.
Does the will have to be in probate at the time and can this process be done without an attorney.
Expert:  Dwayne B. replied 2 years ago.
Yes, because there wouldn't be a personal representative of the estate unless the will was admitted to probate. The will just nominates someone to serve, it doesn't actually make them PR, that can only be done by an order of the court.
The process can be done without an attorney, in some cases. Some judges won't allow it because the PR may have to file legal papers on behalf of the estate and the only person who can represent another entity is an attorney.
In addition, probate law is EXTREMELY complicated and often makes no sense because it is based on antiquated concepts. If anything is done incorrectly then the PR can be personally responsible for any damages that result.
Expert:  Dwayne B. replied 2 years ago.
This popped back up in my queue. Did you have additional questions?
If not and if your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread.