Who is the Personal Representative?
A personal representative is the person who represents the estate of a person who died without a Last Will, or intestate.
The Probate Court has the duty to select the person best suited to take the responsibility. The descendants can not choose the person but they can nominate someone they trust to do the job.
Here is a list of the primary choices a court will evaluate when choosing a personal representative:
- Surviving spouse or domestic partner
- Children
- Grandchildren
- Other issue
- Parents
- Siblings
- Issue of siblings
- Grandparents
- Issue of grandparents
- Children of a predeceased spouse or domestic partner
- Other issue of a predeceased spouse or domestic partner
- Other next of kin
It is important to note that a personal representative does not need to be related to the decedent.
Duties of a Personal Representative
During probate, a personal representative will be responsible for several tasks. To name a few:
1. locating the decedent’s heirs,
2. submitting various legal documents,
3. communicating with creditors
4. pay the decedent’s outstanding taxes, and
5. distribute the remaining assets of the estate to the appropriate heirs.
To completely close a probate, the personal representative will have to follow many steps. Some probate may even take years to complete depending on many factors to consider. The quickest way to close a probate is to hire an experienced probate attorney. They are there to make the probate experience a smooth transition for the family.
Why wait when you can avoid the struggle!
If everyone can avoid the stressful probate process, why do so many struggle? In most cases, people to not know that this option is available, or they already know it exists but decided not to pursue it because it is not an urgent matter.
Are you in need of an experienced probate attorney? Schedule a free initial consultation. We are ready to listen and help you learn what you need to know and expect.