What to do if the personal rep for my parents never filed probate after my dad’s death 3 years ago?

UPDATED: Apr 11, 2013

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What to do if the personal rep for my parents never filed probate after my dad’s death 3 years ago?

Now mom passed away 2/24 and we have not received a copy of the Will nor the expenses/financials on the state – nothing. Need to sell their house. Does the personal rep have any legal power since both have died and no probate established?

Asked on April 11, 2013 under Estate Planning, Minnesota


Matthew Majeski / Majeski Law, LLC

Answered 9 years ago | Contributor

You can ask him or her to now.  Otherwise, as an interested party, you can start the probate proceedings yourself.  If necessary, you could motion the court to appoint the alternate personal rep in you father's will or if that is not an option another person who you believe will take care of it.

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 AttorneyPages.com 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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