Q: Why would someone need to sign a document so he or she can become the personal representative of a deceased person
A:
Hi,
There are a couple of different times in which someone might sign an "acceptance of appointment". Some attorneys as part of their estate plan preparation will have an "acceptance of appointment" type document wherein the person nominated in the person's will, accepts to serve as that position. This does a couple of things, 1) it puts the future PR (personal representative) on notice that the willmaker wants him/her to serve and it also lets the willmaker know that the future PR is willing to serve. Legally, a will has no effect until after willmaker dies and even after that, the PR can refuse to serve if they want to.
The other time when someone would be asked to sign an "acceptance of appointment" would be during a probate proceeding. Usually, the PR will submit (although through an attorney) the application. In this case, the PR would have to sign an "acceptance of appointment" as they are legally accepting the duties that go along with the position and will be held accountable before the court for not doing them. Becuase the PR is taking on the legal responsibility the Court requires that they do so formally.
I hope this helps.
Wes
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