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What Does a Personal Representative Do in Probate?

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.

 

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