Co-personal representative is out of state

UPDATED: Oct 1, 2022

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Co-personal representative is out of state

My brother is out of state and unreasonable about moving on to disburse mom’s household belongings and questions that I asked about paying the utilities for the home. One of 3 siblings listed in the Will is now deceased how should the estate be divided? Do we need to wait until the Will is recorded with the county?

Asked on January 9, 2018 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there is a will, the will must go through probate to divide the assets, and they must be divided in accordance with the terms of the will. You can not divide them otherwise.
If an executor is failing in his or her duties (e.g. not moving the estate along), an heir or beneficiary can bring a legal action in court to have that executor removed and replaced by another: executors are bound by a "fiduciary duty" (a duty of good faith and loyalty) to act reasonably in the interests of estate and beneficiaries, and in accordance with the will. Unreasonable delays can be a violation of that duty. If you want to consider this, consult with a probate attorney--your own probate attorney; don't go to whomever was retained by the estate and your  brother, the executor--about the process for and costs of such a legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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