Duties & Liabilities of a Personal Representative

The personal representative is appointed to handle post-death estate affairs.

A personal representative is an individual appointed by the party creating a will (called a testator) to handle the estate, in the event of the testator's demise. The testator must find a trustworthy personal representative to take on the duties and responsibilities of the testator's final affairs. A good personal representative should be honest and have some level of business experience. The personal representative operates under the guidelines outlined in the testator's will. If the personal representative acts in a way other than directed in the will, he can be held liable by law.

Checking Account

The personal representative is responsible for establishing a checking account for the estate. The representative has various affairs that require the payment of funds from the assets of the deceased, so a checking account must be established specifically for the estate of the testator in order to make these payments.

Funeral Expenses

One of the primary duties of the personal representative is to handle the final expenses of the testator -- that is, her funeral expenses. The funeral expenses of the deceased are settled from the assets in the estate. If the testator becomes unable to make decisions before passing, the representative also operates as directed by the will.

Estate/Asset Appraisal

The personal representative is responsible for valuing the estate and assets of the testator. A probate lawyer or accountant can be hired to assist in this process, and the representative will pay him from the assets of the deceased.

Creditors

Creditors of the testator are given legal notice of the his demise by the personal representative. Each state has its own time window in which creditor notification is required. Any creditor claims are investigated, and valid claims are settled. Income and estate taxes are also filed and paid by the representative.

Asset Disbursement

Once all of the final expenses are paid, the personal assistant is responsible for the disbursement of the testator's assets. The assets of the testator are distributed to the beneficiaries named in the will. If there are any discrepancies about the disbursement, the probate court of the appropriate county will determine how the assets are distributed.

References

• Free Advice: What Role Does the Personal Representative Play Under a Will?
• Estate Settlement: Executor Responsibilities
• U.S, Department of Health and Humans Services: Personal Representatives