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How is the personal representative decided on when there is no will and no estate?
Wiki User
∙ 11y ago
Often the court will grant it to the person that applies for it. They may require all of the beneficiaries agree to the individual, or they may appoint a neutral party.
Wiki User
∙ 11y ago
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Is a personal representative liable for the decedent's debts when there is no estate?
The personal representative is not responsible for the debts. The estate pays the debts.
How long is a personal representative allowed to represent an estate?
Appointment as a personal representative is valid until the estate is closed with the court. Closing of the estate will take at least 4 months, but can take decades. The court also as the ability to remove a personal representative or executor at any time.
What is the difference between a personal representative and a beneficiary?
The personal representative speaks for the estate and acts on its behalf. A beneficiary is someone that is expected to receive a bequest from the estate. They can be the same person.
Is personal representative responsible for mortgage of estate?
They are responsible for paying it from the estate's funds. They do not have to pay it personally.
Can a personal representative of an estate contest payment to other siblings?
No. The court appointed estate representative must settle the estate according to the provisions in the will or the state laws of intestacy if there is no will. They have no personal discretion to dole out the assets unless that right is specifically granted in the will.
Regarding Estate accounts Letters of testamentary states who the personal representative is the representative allowed to authorize another signer if they choose?
Generally, Personal Representatives cannot authorize another signer on an estate account.
If you are a personal representative of an estate does it give the personal representative a right to move on the property if owned by a joint owner?
No. Ownership of joint property passes automatically to the surviving joint tenant and does not become part of a decedent's estate.
Is the word personal representative capitalized when used in a sentence?
Our records show on April 04, 2013 we received the signed Letters of Authority naming you as the Personal Representative of the estate.
What makes you a legal personal representative?
A legal personal representative is typically named in a person's will, trust, or appointed by a court to manage and distribute the deceased person's estate. To be a legal personal representative, one must have the legal authority granted by the deceased's estate planning documents or court order to act on behalf of the deceased person and carry out their wishes.
Is a personal representative the same as an executor?
For practical purposes, yes. An executor is someone who administers an estate of a person who left a valid Will. An administrator is someone who administers an estate of a person who did not leave a valid Will. The term "personal representative" described both an administrator and an executor.In the United States the term personal representative is used in the Uniform Probate Code to refer to the person authorized by the Probate Court to settle the estate of a decedent. As states adopt the Uniform Probate Code the term personal representative is becoming more common.
How do you obtain appointment as the personal representative of an estate?
To be appointed as the personal representative of an estate, you typically need to petition the probate court in the jurisdiction where the deceased person lived. You must demonstrate that you are qualified to serve as a personal representative and that you have priority under state law. The court will then issue letters of administration or letters testamentary, officially appointing you as the personal representative of the estate.
If the attorney of an estate is also the personal representative of that estate can she sell the real estate and collect both the real estate commission and her attorney fees?
The real estate agent is the person who collects a commission on the sale of the real estate not the estate representative (executor/administrator). Generally a person who fills both roles, attorney for the estate and executor, can charge for both services.
