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.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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.

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