Who is responsible for handling the probate process?
A “Personal Representative” (sometime also referred to as the “executor” or “executrix” if there is a Will, or the “administrator” or “administratix” if there is no Will) is appointed as part of the probate proceeding. This person has the responsibility for managing the estate through the proceeding, subject to the direction of the court and the probate rules and procedures. Typically, the probate court has a considerable amount of control over the activities of the Personal Representative. Often the court will require that she or he obtain prior permission before certain actions may take place (e.g., the sale of property) The court will also typically require an accounting from the Personal Representative of all transactions. If you or a loved one is in need of legal assistance, call The Law Offices of Arpaia & Crivelli, LLC at (609) 890-1900 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingenc
There are a number of factors that contribute towards the decision of who will handle the probate process on a decedent’s assets: First, it depends upon whether the decedent actually owned any titled or significant assets that were in his or her own name. If there were no assets, or if all assets were in joint names with a surviving contractual beneficiary, there is no need for probate and so there will be no need for anyone to handle the process. Other factors that will come in to the equation include whether a will has been left and whether the decedent has any living relations. If the decedent has left a will, he or she may have already stipulated on the will who should be the executor of the estate. If nothing has been stipulated on the will or if there is no will, the court will normally appoint an executor, and this is usually a close relative or the person who has been named the main beneficiary. The executor will deal with the disbursement of the decedent’s estate under the sup
The Personal Representative (sometime also referred to as the “executor” or “executrix” if there is a Will, or the “administrator” or “administratix” if there is no Will) is appointed as part of the probate proceeding and has the responsibility for managing the estate through the proceeding, subject to established probate rules and procedures. In many states, the probate court has a considerable amount of control over the activities of the Personal Representative, and requires that she or he obtain prior permission of the court before certain actions, such as the sale of real estate or business interests owned by the estate, may take place.
A personal representative or administrator is appointed as part of the probate proceeding. He or she is responsible for managing the estate throughout the process, subject to established probate rules and procedures. In a number of states, the probate court has a significant amount of control over the activities of the personal representative, and requires that he or she obtain permission from the court before certain actions can take place, i.e. sale of real estate.
The Personal Representative (sometimes also referred to as the Executor or Executrix or the Administrator or Administratrix) is appointed as part of the probate proceeding and has the responsibility for managing the estate throughout probate, subject to established probate rules and procedures of the state where probate is held. When there is a Will, the deceased will usually have named or nominated a Personal Representative and possibly alternate Personal Representatives. The Personal Representative named in a Will is not obligated to serve and may choose to resign at any time. If the named Personal Representative declines to serve, or resigns after serving, the alternate named in the Will typically is then appointed by the probate court. If none of the people named as Personal Representative are willing or able to act, the probate court will appoint someone else. Unless state laws require that another family member or Beneficiary wishing to serve be appointed, and such family members
