Do you need a personal representative in a will?

The law requires personal representatives to follow the terms of the deceased person’s will (assuming that the individual who died had a will). If the deceased person died intestate, the personal representative will serve as the administrator of the intestate estate.

Who is the personal representative of the estate?

When someone dies, the Personal Representative or Executor of the Estate also becomes a Trustee of the Estate property until it is fully distributed. In other words, the Personal Representative holds the Estate property for the benefit of the beneficiaries named in the Will.

When do you need a personal representative in a will?

Because executing an estate can be time consuming and comes with certain liabilities, sometimes a will names a second personal representative in the event the first choice does not or cannot accept the position. As stated above, an individual must accept the role of personal representative.

When is a personal representative entitled to be paid?

A personal representative —sometimes called an administrator, an executor, or an executrix when a woman serves in this capacity—is typically entitled to be paid for her services.

Do you need court approval to be a personal representative?

Court approval is necessary for distribution of assets. Serving as a personal representative can be a huge responsibility, and it’s often a time-consuming burden. You should be able to choose the right person or institution for the job with the help of your estate planning attorney.

What’s the role of a personal representative in a will?

The role the Personal Representative plays in a will is handling your estate. The Personal Representative (or Executor) will obtain the will, obtain copies of the death certificate, find and contact the beneficiaries, determine if there are any probate assets and file a petition with the probate court if necessary, inventory the assets, and more.

Can a will be settled without a personal representative?

An administrator commonly settles intestate estates where the decedent died without leaving a valid last will and testament. In fact, they might have left a will but forgot to have named a personal representative, or the representative is unable to help.

What happens if personal representative does not act?

You can also name Alternatives if for some reason your chosen Personal Representative can’t act for you. An administrator commonly settles intestate estates where the decedent died without leaving a valid last will and testament.

Who is the personal representative in a testate estate?

A “testate” estate is one that includes a valid last will and testament. A will should—and usually does—name the individual the decedent would like to serve as their personal representative or executor.