The personal representative must carry out the directions stated in the testator’s will but there are cases where the personal representative can use discretion.

Wills often allow the personal representative to decide when to sell property and to decide whether to convert assets to cash prior to distribution.

If the will is unclear, the personal representative may need to exercise discretion but can seek clarification from the court. When the personal representative acts in good faith and within the scope of their power and duties, the court will likely uphold their actions. A petition to remove or against a personal representative for breach of fiduciary duty will only succeed if there is evidence of misconduct, such as going against the will or estate’s interests, acting in their own interest, or withholding an intended gift from a beneficiary.

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