My Dad died June 2010 and mom died Feb 24 2013. The personal rep (as noted in their will) did not file probate with the court, nor has he given my sister and I copies of the will or disclosed expense/financial information regarding their estate. Does he or does he not have any power anymore and if yes, in what manner? We need to sell their home - can we do this without him? Has he broken the law by not filing with the court regarding probate? Highly frustrated that he keeps putting us off. He is the small town's key tax accountant and we realize it's tax season, but at the end of 7 weeks now, we've received nothing and need to list my parents home. What should we do? Can we sell it without him? Does he have any power any longer? Thanks so very much!!
1 Answer from Attorneys
It is not uncommon for it to take a few months before a probate is actually started. Technically he has no power until the court actually confirms the contents of the will and appoints him. As an interested party you have the right to petition and start the probate yourself. This would likely result in the court appointing him as personal representative per the terms of the will unless you can give the court good cause to not appoint him. A delay of a few weeks is likely not sufficient cause.
You should not attempt listing or selling the house yourself without approval from the court appointing you as personal representative. I highly suggest consulting a probate attorney to assist you with this matter. Feel free to give me a call: (651) 698-2181
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