What Does a Personal Representative Do in Probate?
First, what is Probate?
Probate is the formal, court supervised, process whereby a person’s will is proven to be valid and complied with.
What Does a Personal Representative Do in Probate?
The Personal representative is the person approved by the court to carry out the probate procedure. The first thing a personal representative does is seek to open the probate with the court by filing a petition for administration. He or she will also file the decedent’s will and death certificate with the court.
Key Personal Representative Duties:
- Serve the Notice of Administration on all of the beneficiaries, surviving spouse, and potentially other interested persons
- Gathering all of the assets of the estate
- Determine all of the creditors of the decedent
- Paying any owed estate taxes
- Distributing the remaining assets of the estate pursuant to the will
- Closing the estate
- Help for the Personal Representative
These are the basic duties of a Personal Representative. It is important for a personal representative to remember that they are authorized to hire professional help. Accountants and lawyers are often crucial to helping a personal representative comply with their duties.
Often times, litigation occurs within a probate. At Bloodworth Law, we represent Personal Representatives and beneficiaries seeking to remove a personal representative.
Again, my name is Reed Bloodworth, the founding partner of Bloodworth Law. If you have a question about probate litigation, give me a call. Let’s talk about what happened to you.