When an individual passes away, their estate must be settled. This involves the distribution of their assets to beneficiaries and the payment of any outstanding debts. The person responsible for overseeing this process is known as a personal representative.
What is a Personal Representative?
A personal representative, also known as an executor or administrator, is an individual appointed by a court or named in a will to manage the deceased person’s estate. They are responsible for ensuring that the deceased person’s assets are properly managed and distributed in accordance with their wishes or the law.
Duties of a Personal Representative
The duties of a personal representative vary depending on the size and complexity of the estate, but may include:
- Identifying and collecting the deceased person’s assets
- Paying debts and taxes
- Distributing assets to beneficiaries
- Filing necessary paperwork with the court
- Managing the estate until it is fully distributed
Qualifications of a Personal Representative
To serve as a personal representative, an individual must meet certain qualifications. They may include:
- Being of legal age (usually 18 or older)
- Being a resident of the state in which the estate is being settled
- Not being convicted of a crime that would affect their ability to manage the estate
Appointing a Personal Representative
A personal representative is typically appointed in one of two ways:
- They are named in the deceased person’s will
- They are appointed by a court if the deceased person did not have a will
In either case, the personal representative must be approved by the court before they can assume their duties.
Contact a Probate Attorney at Heritage Law Office
If you need assistance with probate administration or other legal matters, such as estate planning or business law, contact us at Heritage Law Office. Our team of experienced attorneys and legal professionals will provide you with the guidance and support you need to navigate the legal system with confidence and achieve your goals.
To schedule a consultation or learn more about our services, contact us today at 414-253-8500 or by sending us a message. We look forward to helping you with all of your legal needs.
Serving as a personal representative can be a complex and time-consuming process, but it is an important responsibility that ensures the deceased person’s wishes are carried out and their assets are properly distributed. It is important to choose a qualified and trustworthy individual to serve in this role.
Bradley J. Sarkauskas, Attorney-at-Law