Estate administration can take a year or longer, especially if there are disputes involved. Probate litigation can arise if there are questions about the legitimacy of estate documents. Lawsuits also frequently follow complaints about the conduct of a personal representative or executor.
If the beneficiaries or heirs expecting to inherit from an estate suspect misconduct on the part of a personal representative, they might choose to take legal action. The personal representative may need an attorney to assist them in responding to the allegations against them.
Who typically pays for a personal representative’s legal costs?
The estate often covers all probate expenses
Beneficiaries or heirs who bring a lawsuit against a personal representative may ultimately only reduce what they inherit. If the courts rule that the personal representative fulfilled their responsibilities in good faith and do not remove the personal representative, then the estate is typically responsible for covering the cost of litigation, including the attorney fees incurred during the personal representative’s legal defense.
In scenarios where the courts determine that a personal representative acted in bad faith and engaged in misconduct that warrants their removal or an order of restitution to reimburse the estate for losses, then the personal representative may be directly responsible for covering their own legal fees. Most personal representatives can secure legal guidance without using their own money.
Personal representatives trying to fulfill their estate administration duty can count on having access to legal support without paying out of pocket in most cases. Working with a lawyer can minimize a risk of liability that comes from estate administration and can help personal representatives defend their actions during probate litigation.
