Legal Question in Wills and Trusts in Colorado

Out of state Personal Representatives

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

My email: [email protected]

My web site http://effectnet.com/la/

LawGuru User

Dear LawGuru User:

I don't have enough information to answer your question with certainty.

Your daughter preferred her sister to be the personal representative (executor). Being out of state is not really a problem. Out of state personal representatives can do a fine job.

On the other hand, there is a procedure by which a personal representative other than the appointee can serve, and if the will has not yet been probated, this can often be done using a simple form without hearing.

I would need to know your reasons (other than the sister being out of state) for the change of personal representative, and where you are in this process (has the will been probated yet?) in order to assist you.

Thank you for using LawGuru.

Sincerely,

Louise Aron

Attorney at Law

My web site http://effectnet.com/la/

Re: Changing a named executor

Did your deceased daughter reside in NY or CO.

New York allows an easy way to change by new person filing the petition rather than the named executrix and everyone else signing waivers.

However please note that there is no problem with an out of state person being the executor.

Re: Changing a named executor

Yes, I recommend that you work through a qualified trusts and estates lawyer to accomplish this, but it can be done. it involves a pleading filed with the Court to appoint a different Personal Representative.