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  1. #1
    sdb720 is offline Junior Member
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    Declining to be executor/personal rep?

    What is the name of your state? Texas
    How does a person decline to be appointed as executor/personal rep? What procedure or forms are used? No work has been started on probating the will yet.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by sdb720
    What is the name of your state? Texas
    How does a person decline to be appointed as executor/personal rep? What procedure or forms are used? No work has been started on probating the will yet.

    My response:

    Easy. You say you "don't accept", or you merely do nothing. No one can force you to work, or to accept an appointment that you don't want.

    IAAL
  3. #3
    sdb720 is offline Junior Member
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    A little more info?

    But if a family member -who is not a named pers rep, but who has agreed to be the pers rep - starts the probation process, how does the attorney, judge or whomever know that the named pers rep has really declined to be appointed? How do they know that the family member, who has the will, has even informed the named pers rep of the death?
  4. #4
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by sdb720
    But if a family member -who is not a named pers rep, but who has agreed to be the pers rep - starts the probation process, how does the attorney, judge or whomever know that the named pers rep has really declined to be appointed? How do they know that the family member, who has the will, has even informed the named pers rep of the death?

    My response:

    First, it's not "probation" - - it's "probate".

    Second, everyone who has an interest in the Estate (e.g., named heirs, or other family members that may not be named) gets served with a copy of the Petition by whomever is filing the Petition with the court. At the time of the first hearing, the court will know who, and who is not, becoming involved in the probate process when there's no response from any particular person; e.g., the named Executor. If that's the case, then the court merely appoints someone else who may want the role of Personal Representative. If no one wants that role, then the court appoints an attorney for the family and that attorney gets paid from the Estate.

    IAAL

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