What happens when the personal representative dies?
The Personal Representative (also known as the Executor) is responsible for many of the activities in the Minnesota probate process, including asset collection, estate organization, asset distribution, and communication with the probate court. While family and friends are dealing with the loss of a loved one, this person manages the deceased’s estate. What happens then when the Personal Representative dies?
The death of the personal representative happens more often than many people realize. That has happened to me multiple times in the last few years with some of the probate cases that I have handled with my own clients. While it has been a different situation each time, there are established ways to deal with the matter.
Under Minnesota law, the original probate process must still be completed in accordance with the Probate Code. This means that a substitute Personal Representative must now be selected to take the place of the deceased. There are several ways to select a new Personal Representative, but it must be done with the approval of the probate court.
First, it is helpful to review the will, if there is one. Often times, the deceased person will name alternative options to act as executor in case the first option cannot work. As a side note, naming alternatives is good practice in estate planning.
If there is no will or if a new personal representative is not appointed, then it is a good idea to ask the heirs or beneficiaries who they would like to see as the new personal representative. Not everyone may agree, but this can help avoid unnecessary (and costly) probate disputes. A discussion between the beneficiaries is usually a good idea, so that everyone involved is aware of the change that needs to be made.
Of course, it is a good idea to appoint a person who is knowledgeable in financial matters and acquainted with the family and financial affairs of the deceased person.
It is also important to ensure that any candidate to become a personal representative does not have skeletons in their closet, such as personal financial problems or criminal convictions or personality conflicts with the other heirs.
If the probate court has not yet appointed an executor, the court petition and supporting documents can be rewritten to nominate the new candidate.
If the probate process has already begun, then it will be necessary to file a Petition to appoint a Successor Personal Representative.
If the probate court had required the deceased executor to post a bond in the estate, it may be necessary to post that bond and obtain a new bond for the successor personal representative.
When a personal representative other than the loved one passes away, this can create a huge emotional crisis for the family. At this time, more than ever, it is important that an experienced probate attorney be there to sensitively guide the family through this doubly difficult time.