It is much more efficient if one person acts as personal representative of the estate. Ask your brothers for a written agreement, saying you will agree not to serve as co-PR if they: 1) agree to repay X dollars you advanced for your mother's funeral; 2) agree that they will mail you a copy of EVERY document filed in the probate case, and a copy of EVERY document, agreement or contract they sign as PR; and agree to make a full Final Account, and not request that they be allowed to use a Verified Statement in Lieu of Final Account. And anything else you can think of, such as holding you harmless for any tax liabilities assessed after the closing of the estate. Otherwise, you'll petition to be named co-PR as set forth in the will. And no, being co-PR won't stop your brother from being a jerk. It will just make you potentially liable for his jerk actions. Incidentally, an Oregon lawyer can't charge a flat fee for a probate. The court has to approve the amount of his fees at the time of the Final Account. So, what the lawyer is getting up front is just a deposit to trust against his final fees.
Answered on Aug 19th, 2015 at 4:35 PM