Can a personal representative change a will?

No, generally the personal representative is not allowed to alter or ignore a validly executed last will and testament. However, if all beneficiaries of an estate make an agreement to change the distribution, then the personal representative may distribute the assets accordingly.

Sometimes, what is in a will surprises beneficiaries. Perhaps everyone expected an even distribution of assets to all children and instead one person receives everything. Or perhaps the assets were left in part to an illicit lover. These kinds of surprises happen when the contents of an estate plan are not explained to family members before death. And this can sometimes lead people to wonder whether an estate plan can be altered after they die. Can your named personal representative just choose to ignore your wishes?

Almost always the answer is “no.” A personal representative does not have the authority to change your will or ignore the contents of your will. In fact, the personal representative has a duty to respect and carry out your wishes. This is true even when the personal representative disagrees with what is in your will.

However, you can grant your personal representative the discretion to make some decisions. For example, personal representatives may be granted the authority to resolve disputes over small items of tangible personal property if the property was split between multiple beneficiaries in the will. This is one of the reasons that it is important to choose someone you trust to be the personal representative. However, that personal representative will only have the power granted by the last will and testament. The personal representative is not allowed to ignore the will when convenient.

However, there is one time that a personal representative is allowed to ignore the will. If the beneficiaries get together and reach an agreement about how to split things up, the personal representative is allowed to honor that agreement. But this requires a written contract between the beneficiaries. Any one beneficiary cannot do it alone. Thus, as you can imagine, written contracts among beneficiaries are rare. And this means that almost always, the personal representative will be carrying out the wishes of the testator.