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

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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

Answers:

Matthew Majeski / Majeski Law, LLC

Answered 8 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.


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