You just found out another person has been named Personal Representative for your loved one’s probate proceedings. Maybe you wanted to be appointed. Maybe you just don’t trust them. What can you do?
Formal Probate Process
In a Formal Probate process, Minnesota law provides specific rules for how the personal representative is chosen. Priority as personal representative will first be given to the individual (or entity) that the decedent may have named in their will.
This is one more reason why having a valid will in place is so important. If the decedent did not name a personal representative in their will, priority for personal representative is given in the following order: first the surviving spouse, second other individuals that will receive a disbursement from the estate, other heirs of the decedent, or if no other party has come forward, any conservator of the decedent or other creditor.
If in this priority, you are unhappy with the appointment of the personal representative, you can file an objection to the appointment with the Court. In considering your objection, the Court will look at a few valid arguments in considering removal.
These objections include: (1) the estate does not have adequate assets to discharge all of the anticipated creditor claims, (2) an objection to have appointed instead an heir or devise that is expected to receive half or more of the estate, or (3) where there are disputes between heirs or devises of the estate, the Court can require an agreement between the parties for personal representative.
Informal Probate
If the estate is proceeding by informal probate, and you want to dispute the personal representative, your process may be more difficult. You will have to file a petition with the Court stating that your are objecting to the personal representative in the informal proceedings. The Court will then schedule a hearing regarding your objection, and the Court will consider your dispute.
Personal Representative Duties
The personal representative has very specific duties and responsibilities, the failure of which can cause issues in the probate process. The personal representative acts as a fiduciary for the estate, which means that person must act in the interests of the estate first, and act prudently for the estate. This includes collecting and protecting the assets of the estate.
The personal representative must then faithfully follow the terms of the will to distribute the assets, and follow the rules of distribution for the estate. This includes first paying debts and expenses for the estate, and concluding with distribution of the assets remaining of the estate.
Personal Representative Fiduciary Duties
If you believe the personal representative is not or has not faithfully performed on all their duties, you can file such concern with the Court for review. The personal representative may be required to give an accounting to the Court of the estate to prove the process followed by the personal representative.
If you are concerned about the appointment of a personal representative, or have questions about their performance and administration of the estate, contact an attorney today to see what your options are for dispute.
Minnesota Probate Lawyers
An experienced Minnesota probate lawyer can help walk you through the probate process, answering questions along the way. For more information on estate planning in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 424-0398.
