Can my sister legally file for Probate without me waiving my PR rights to her ?


My sister has not provided me with my father’s will, death certificate, his bank statements ( which she still has open after death) and any other legal documents of interest. I am afraid to give up my PR rights at this point in time because I am not sure of her honesty and integrity concerning my father’s estate.


The Personal Representative is named in the Will. You do not automatically have a right to be PR if the will has not named you. If it has been months since your father’s death, you should consult an attorney. The PR has a duty to file the will in a timely manner.
Until a PR is appointed, no one has authority over probate assets. It is normal for the bank accounts to still be open. Once a PR is appointed, those accounts will be transferred to estate accounts.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.