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Personal representative

The role involves handling estate property, expenses, claims and distributions. For owners of businesses, real estate and private investments, the term describes who administers those assets as part of the estate.

How it works

A personal representative administers the estate and has fiduciary responsibilities. Alaska law describes the role as a fiduciary subject to trustee standards of care, responsible for settling and distributing the estate under an effective will and applicable law.

Practitioners describe duties that include gathering assets, paying liabilities, filing tax returns and funding trusts. Executors are typically family members or friends, and sometimes a bank or trust company in complex estates.

Where it shows up for owners of businesses, real estate and private investments

A personal representative may handle estate property that includes a business interest, real estate or private investments. Maryland probate includes managing estate property, handling expenses and claims, and distributing property to heirs.

The will can name a representative. In D.C., the appointment priority begins with the person named in the will, followed by specified family members and other beneficiaries when applicable.

Points that are easy to confuse

An executor is a commonly used name for the role, and practitioners describe executors as people who handle estate administration duties.

The appointment order depends on the jurisdiction. D.C. law specifies a priority order, while Alaska law describes the role as a fiduciary responsible for settling and distributing the estate.

Common questions

What does a personal representative do?

A personal representative administers an estate.

Who can serve as a personal representative?

In D.C., the appointment priority starts with the person named in the will, followed by specified family members and other beneficiaries when applicable.

Sources
  • Brunetti Getting Started, wrightslaw.com (link)
  • UNIFORM PROBATE CODE TABLE The following table shows the Uniform Probate Code, akleg.gov (link)
  • ยง 20-303. Order of priority for appointment of personal representative. Persons excluded., code.dccouncil.gov (link)
  • Wills & Estates, courts.state.md.us (link)

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