At a hearing to appointment a personal representative, if a person objects does the judge automatically appoint a third party?

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At a hearing to appointment a personal representative, if a person objects does the judge automatically appoint a third party?

With a letter of concerns and
documentations to back it up, could the
judge appoint another person as PR or
co-PR or would a third party
automatically be appointed and if bond
was then put into place, what would
that entail?

Asked on February 20, 2018 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  If the PR was named in the Will of the decedent that carries great weight with the court, but it is not to say that the person the Testator thought was qualified is in reality a good choice because circumstances have changed. You need to provide the court will good reasonss and solid proof that the PR named does not have the qualifications for serving. There has to be good "cause" to remove them and that requires proof.  For example, mis-managing funds of the decedent when they were alive, stealing from them, etc. The best interests of the estate are always tantamount.   Posting a bond allows the beneficiaries some insurance that if the PR does anything wrong they have funds to go after to cover the value of what they are to inherit.  Requesting a co-appointment can always be an option if the court agrees there is some validity to your claims but wants to defer to the Testator's request.  As you can see this can get somplicated.  Take what you have to an attorney for a consultation.  It will give you an idea of what your options are.  Good luck.


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