What is a personal representative?
A. A personal representative is a person or business nominated by a “testator” (the person who wrote the Will) to handle the testator’s affairs upon his or her death. A personal representative, sometimes referred to as an Administrator or Executor, has full legal authority to sell, transfer, dispose, mortgage or litigate the decedent’s estate.
The person who represents the estate is called several different things, depending on state law. Traditionally, the person appointed by a will to represent the estate is called the executor (or executrix, if female). A person appointed by a court to represent the estate of a person who doesn’t have a will is called a personal representative, or administrator. Return to index . . .
• “Personal representative” is the name now used for what once was called an executor or an administrator. You can designate in your will who is to be the personal representative of your estate. If you do not designate a personal representative, your surviving spouse has first priority for appointment as your personal representative. Next in order of priority would be other heirs. If no personal representative has been appointed within 45 days after your death, any creditor can apply for appointment. Any person appointed as personal representative must be at least 19 years of age.
The personal representative is the person appointed by the court to administer the estate. Their duties include hiring the attorney, collecting all of the decedent’s assets, safeguarding the assets, notifying creditors and interested persons of the estate, filing required tax returns, payment of lawful debts, and distribution of the assets to the heirs. Designation of a responsible person to carry out these duties can be done in your will. In Florida, the personal representative must be either a Florida resident, or a member of a statutory class of relatives or spouse of such relative. The personal representative must also be 18 years or older, mentally and physically able to perform his/her duties and not convicted of a felony. (This is the person who will go through your sock drawer as well as your files).
A personal representative is the person responsible for managing your estate after you die and making sure that your wishes are carried out. He usually acts as a liaison between your estate and the court, your heirs/beneficiaries, and your creditors. It is someone who is designated by you in your will (called an _executor”), or appointed by the court if you did not name one or if you have no will (called an “administrator”). The person must usually be of legal age, competent, and a U.S. citizen; he cannot be a convicted felon. TIP: Before you name an executor in your will, make sure that person will accept the appointment on your death. Also, you should name a successor executor in case the person of your choice is unable or unwilling to serve.
Related Questions
- Is it permissible for a drug representative from a pharmaceutical company to give an "update" on a product before the CME activity begins?
- What is a "booster" (that is: a representative of Sweet Briar Colleges athletic interests)?
- Is the Personal Representative entitled to a fee and/or reimbursement of expenses?
