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Replacing a personal representative

When you are an interested party to the estate of a family member or friend in Los Angeles, you know how important the role of the personal representative is in the administration process. It should come as little surprise, then, to see proceedings come to a dramatic halt if said office is vacated. A personal representative can be removed from their role for any number of reasons: they might become physically or emotionally unable to handle the duties that it entails, or they may be removed for breaching their fiduciary duty. Whatever the reason, many of those dealing with such a situation have come to us here at The Law Office of Matthew C. Yu with the same question: now what? 

Per Section 8521 of the California Probate Code, if there have been multiple personal representatives appointed to manage an estate, the duties of whomever has vacated the role will be handled by those remaining in the group. Yet what if the personal representative removed from the estate that you are party to was the only one serving in that capacity? 

If the terms of your loved one’s will stipulated a manner in which the personal representative of their estate could be replaced, the court will typically honor those. If not, the court will appoint a new one. If you (or others with an interest in the estate) are interested in filling the role, you can petition the court to be considered. If you are chosen, you assume all powers and authorities that the previous personal representative had been endowed with, and you are to resume whatever actions they had previously commenced. 

You can learn more about the role of a personal representative in the administration of an estate by continuing to explore our site. 

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The Law Office of Matthew C. Yu
3620 Pacific Coast Hwy. Suite 200
Torrance, CA 90505

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