My dad passed away recently, without a will, what rights will his personal representative have?

UPDATED: Sep 29, 2022

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My dad passed away recently, without a will, what rights will his personal representative have?

We have to go through probate for his property. My sister wants me to sign papers making her the uncontested representative of his estate. If I sign these papers, does that give her all rights to do with is property what she wants or do I still have a say in what is done with the property?

Asked on August 11, 2015 under Estate Planning, Utah


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Without seeing the actual document that she is requesting you to sign.. no one can really advise you what the effect of you signing the document would be. 

With that in mind, being an executor of an estate doesn't mean that the executor gets everything.  It just means the person will be authorized to dispose of the estate consistent with the probate laws in your estate.  However, if there is something in particular that is important to you, the executor will make the decision on how it will be gifted... not you. 

Before you sign anything, make sure that you take the document to an attorney and have them review it to make sure that you are not giving away your right to inherit through the estate.

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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