What role does the personal representative play under a will?
The Personal Representative of your estate (also commonly referred to as an administrator or executor) is responsible to gather and inventory all of your property at the time of your death, determine all your outstanding debts, pay all of your legitimate debts and then distribute the remaining property in accordance with the instructions provided in your Will. The Personal Representative is appointed as part of the probate proceeding and has the responsibility for guiding your property through the proceeding, subject to established probate rules and procedures. In many states, the court has a considerable amount of control over the activities of the Personal Representative, and prior permission of the court is required for the Personal Representative to take action with respect to property in the probate estate. Since your Personal Representative is given access to all of property in the probate estate, the selection of a competent and trustworthy person is very important. It is wise t
The Personal Representative (Executor/Executrix or Administrator/Administratrix) is the person you name (nominate) in your Will to handle your estate. You can also name Alternatives if for some reason your chosen Personal Representative cant act for you. If your Personal Representative and all the Alternatives are unable to act, the probate court will name a person to fill this role. The Personal Representative is entitled to receive a fee for these services from the money in the estate. The amount of that fee varies from state to state. The main tasks of a Personal Representative are to: (1) Obtain the Will; (2) Obtain certified copies of the death certificate; (3) Find the beneficiaries named in the Will and all other people who must be notified about the Will (such as children of the decedent who arent named in the Will); (4) Determine if there are any probate assets; (5) File a petition with the probate court if probate is required under the laws of the state; (6) Identify, gather,
