Probate Glossary
Personal Representative
The person responsible for administering a probate estate.
Definition
A Personal Representative is appointed by the probate court to gather assets, pay valid debts, manage estate administration, and distribute remaining property to beneficiaries or heirs.
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Frequently Asked Questions
What is the difference between an Executor and a Personal Representative?
An Executor is usually the person named in a will to administer the estate. Personal Representative is the broader court-appointed role used in many states for the person legally authorized to administer the estate.
What does a Personal Representative do?
A Personal Representative gathers assets, manages estate finances, communicates with beneficiaries, handles court requirements, pays valid debts, and oversees distributions.
What is probate?
Probate is the legal process used to identify assets, pay valid debts, resolve claims, and distribute property after someone dies.
How do I start probate?
The probate process generally begins by filing the required paperwork with the probate court and requesting appointment as Personal Representative or Executor.
What happens if someone dies without a will?
When someone dies without a valid will, the estate is usually handled under state intestacy laws. Those laws determine who may inherit and who may have priority to serve as Personal Representative.
What are Letters of Authority used for?
Letters of Authority show that the probate court has appointed someone to act for the estate. Banks, title companies, courts, and other institutions may ask for them before releasing information or allowing estate transactions.