After being appointed as personal representative of a loved one’s estate, you may not quite understand what exactly that appointment entails. You may even be confused on where to start. The following tips have proven to be helpful for many of my probate clients in handling the estates of their deceased loved ones.
A personal representative is someone who has been appointed to administer an estate of someone who has died. Typically, a personal representative is appointed through the deceased person’s will, however, it is possible for a court to appoint a personal representative because the deceased person died without a will.
A personal representative’s duties tend to vary from estate to estate based on the complexity. A personal representative typically has a variety of tasks which may include funeral arrangements for the deceased, paying the debts of the deceased’s estate, filing tax returns for the deceased, and distributing the remaining assets according to the will left by the deceased.
While the task of being a personal representative may seem daunting, below are a few tips to follow when you are appointed personal representative of an estate:
- Work closely with an attorney. The decedent’s attorney worked closely with him or her during the creation of the will and can work with you on distributing the estate. An attorney is more than happy to answer all the questions you have as well as provide you with legal guidance in order to successfully complete your job as personal representative. They have been through this process many times before and will be the best resource to help you along the way. Any legal fees incurred during the probate of the estate can be paid from the estate itself.
- Know what tasks you must complete as a personal representative. Every estate is different, and because of that, personal representative duties may vary. For example, if the deceased person has a trust, the trust assets are not the responsibility of the personal representative, rather these assets fall to the trustee. It is important to contact the deceased person’s attorney so that they can help you fully understand your role in the person’s estate and what you will need to do versus what you do not need to do.
- Keep detailed records and stay organized. It is important when acting as personal representative of an estate that you keep accurate records. Not only will this keep you from feeling overwhelmed, but it will keep you on track and minimize the risk of mistakes. Work with an accountant and an attorney to ensure accuracy and keep all records pertaining to the deceased estate in one safe location.
- Accept the job only if you are willing and able to help distribute the deceased person’s estate. In most cases, the deceased person will have named a backup personal representative in case the named person is unwilling or unable to administer the estate. If you are named as a personal representative and you have prior commitments which inhibit you from performing the duties of a personal representative, do not accept the position unless you are willing and able to complete all tasks associated with the job.
While serving as personal representative may be overwhelming at first, Sullivan Law is here to help. Call us at 248.917.1351 or email at asullivan@sullivanlawonline.com to schedule your free consultation today. We look forward to working with you!