What is a resident agent's role in probate?
September 18, 2013 9:38 AM Subscribe
Someone I know has been asked to serve as a resident agent, in an estate probate case where the estate's administrator does not live in the state where the probate is venued. What could possibly go wrong?
posted by maniabug to law & government (7 answers total)
On the face of it, the resident agent is required because the court must have a permanent resident on record. The appointment of agent document says "I appoint ___ to serve as my agent and accept service of any legal process."
Some googling indicates that the resident agent must accept notice of any party's claims against the estate, and I presume the agent is responsible for conducting such correspondence to the administrator (and/or the court?)
I'm not sure what exactly that entails, and wonder also are there any other ramifications? Is there any potential liability the resident agent accepts? What if a claim is served to the resident agent but not received or acknowledged in some time window by the administrator?
Basically, are there any pitfalls to consider before someone accepts this appointment?
I have been told that sometimes people become RAs to pick up a few extra bucks, and that it is straightforward, but I always advise not signing something one doesn't fully understand.
The person in question isn't involved in the estate, though is family so the potential for any ill will is a consideration (no pun intended!)
Hoping to hear back from anyone here who has seen what can go horribly wrong.
I know you are not my lawyer, but thanks in advance for your war stories!