How to Block a Representative From Being Appointed for a Probate
- 1). Establish that you have grounds to object to the appointment of the person the deceased named in his will to execute it and oversee probate. The fact that you may have an adversarial relationship with the named representative isn't enough to block her appointment. You must be able to prove that she's incompetent or unfit, such as if she has an alcohol dependency or has been under suspicion of or charged with some crime that may cast doubt on her integrity. You could also try to prove that she has a conflict of interest with you or with the estate, or that something has occurred to her since the will was written, such as a mental disability, that would prevent her from being able to perform the job.
- 2). File an appearance with the probate court, if necessary, identifying you as an interested party. Some states require this and others do not. An appearance is a document that simply states that you have a legal connection to the estate, either as an heir who was left out of the will or as a beneficiary, and that you want the court to hear your objection before it moves forward with appointing the representative.
- 3). Write an objection to the court, explaining your reasons for opposing the appointment of the executor. Attach any evidence you have that supports the allegations you're making. Make it clear whether you are objecting to the entire will or just to the named representative. Sign it and have it notarized.
- 4). Take two copies of your objection to the probate court in the county where the deceased's will has been or is going to be filed for probate. The clerk should file one copy and return the other copy to you with a stamp on it, indicating that the court has received it. Ask the clerk if a date can immediately be scheduled for you to speak with the probate judge, or if you'll be notified by mail.
- 5). Appear in court at the appointed time to verbally explain to the judge why you're objecting. If other people can support your arguments with testimony, as opposed to printed documentation, take them with you to court as witnesses. The judge may make a decision at the time of the hearing, but more likely she will schedule a second court appearance when the representative can appear to defend himself.