Personal Representatives Explained

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Lear & Lear PLLC Law Offices

For more information about the author, click to view their website: Lear & Lear

Posted on

Mar 22, 2024

Book/Edition

Utah - Utah

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Have you ever heard of a Personal Representative?  What about the Executor of an estate?  And what about an estate’s Administrator?

This month, we are focusing on the role that a Personal Representative plays in the care and administration of an estate.

 

The difference between Personal Representatives, Executors, and Administrators.


A key function of an estate plan is to designate a person to take care of your belongings and act in your name after you’re gone. This person must be responsible for gathering your assets, paying off any valid debts and costs of administering your estate, and distributing the remaining property to your chosen beneficiaries.


In general, the person who takes on and oversees these responsibilities is your Personal Representative.   You name a Personal Representative in your Will and, at the end of the probate process, the court official appoints them and creates letters testamentary stating that they have the power to administer your estate. 

 

There is no difference between a Personal Representative or an Executor.  They occupy the same role.  Personal Representative is simply a more modern name. 

 

However, an Administrator is appointed by the probate court to oversee the estate of someone who died without a Will or who’s Will is invalid.  We call this intestacy.  The duties of an Administrator are the same as a Personal Representative or an Executor, but their powers are recognized in Letters of Administration. 

 

Duties of Personal Representatives

 

Your Personal Representative is perhaps the most essential person in the process of distributing your assets after death because they oversee their administration. Administration means distributing the assets according to the will of the deceased. This person is required to act in the best interest of the estate’s beneficiaries.


A Personal Representative has four main duties which are to:


(1)   collect and inventory the deceased assets;

(2)   manage assets during probate and administration;

(3)   pay taxes and debts owed by the decedent and the estate; and

(4)   distribute remaining assets to beneficiaries.


Additionally, a Personal Representative is required to give notice to all interested parties, including known beneficiaries, potential heirs, and creditors. Personal Representatives may also be required to post bond by state law. Posting bond ensures that the beneficiaries are protected from the Personal Representative improperly taking funds from the estate. 


Who Should I Appoint As My Personal Representative

 

Again, your Personal Representative is one of the most essential tools you have in ensuring that your final wishes are followed. Because they are such an important part of the distribution of assets, choosing someone is a decision that should be made after much consideration.


When deciding who you would like to appoint as your Personal Representative, make sure to choose someone you trust and who has the ability to manage your assets with care and particularity.  Anyone over the age of 18 and not under a conservatorship can serve as a Personal Representative.  You can appoint a relative or a beneficiary of your estate. You can appoint a professional, such as an attorney or trust company. You should also name alternate Personal Representatives in the event your first choice is unavailable for some reason. 


If you would like, can appoint two or more people to serve as Co-Personal Representatives. But, think carefully before you do this because multiple representatives must act in unison. This means one Co-Personal Representative can effectively veto the actions of the other Co-Personal Representatives, which can lead to significant delays in the administration of your estate.


If you would like assistance in drafting your estate plan, including advice on who to choose as your Personal Representative, contact us today.


385.334.4030

email@skvlegal.com

skvlegal.com/book-online

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Lear & Lear PLLC Law Offices

Estate Planning 808 East South Temple Street, Salt Lake City, Utah, 84102

Welcome to Lear & Lear. Lear & Lear offers comprehensive estate planning services designed to cater to various needs and circumstances, ensuring that clients are well-prepared for their futures. Our services span from creating Wills and trusts, updating existing estate plans, drafting Powers of Attorney and Healthcare Directives, creating guardianships and conservatorships, and to navigating the complexities of probate. Estate Planning Services:- Lear & Lear emphasizes the importance of creating a tailored estate plan that may include Wills, Trusts (living, testamentary, revocable, irrevocable, funded, or unfunded), and other estate planning tools. Our approach is to provide peace of mind by ensuring smooth transitions during times of bereavement and incapacity, as well as safeguarding your wishes and assets for the future.  Powers of Attorney and Healthcare Directives:- Recognizing the critical role of Powers of Attorney and Healthcare Directives, Lear & Lear assists clients in designating trusted individuals to manage financial and healthcare decisions. These documents are essential for ensuring that your preferences are honored in cases of incapacity, providing a layer of protection, and avoiding unnecessary legal complications. Basic Estate Plan Components:- A typical estate plan outlined by Lear & Lear may include a Will, Trust, General Assignment of Assets, Financial Power of Attorney, and an Advance Health Care Directive. Each component plays a crucial role in ensuring your assets are managed according to your wishes, providing comprehensive coverage from asset protection to healthcare decisions. Real Estate and Probate Avoidance:- Our firm also addresses the intricacies of real estate within estate planning, offering guidance on ownership types like Joint Tenancy and Tenancy in Common, and strategies such as Life Estates and Transfer on Death Deeds to bypass probate and ensure direct transfer of property to beneficiaries. This service is particularly valuable for clients looking to streamline the transfer of valuable real estate assets. Probate and Estate Planning Connection:- Our firm has a clear understanding of the complexities of probate, differentiating between formal and informal probate and the impact of having a Will or Trust on the probate process. Our expertise extends to facilitating a smoother process or avoiding probate altogether through strategic estate planning, thus saving time, reducing legal fees, and preventing disputes among beneficiaries. Role of Probate Attorneys:- For clients navigating the probate process, Lear & Lear outlines the importance of having a skilled probate attorney. We offer comprehensive support as probate attorneys, from valuing assets and filing court documents to managing estate taxes and settling disputes. Our emphasis on empathetic, expert guidance reflects our strong commitment to making the probate process as stress-free as possible for you. For individuals or families looking to secure their future and ensure their wishes are respected, Lear & Lear offers a robust and empathetic approach to estate planning and probate. Our services have been designed to address the legal, financial, and personal aspects of estate planning, ensuring clients receive personalized advice and support tailored to their unique circumstances. Our team of attorneys is here to help you make the best possible decisions for you and your loved ones. Reach out to us today by phone at (385) 334-4030, or by email at katie@skvlegal.com.