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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.
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In Ohio does a personal representative named in the Will have any powers if the estate was relieved of administration no one was named executor and the case was closed?
No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.
If a former patient is deceased which of the following is true?
The executor administrator or personal representative may release the recordsThe executor, administrator, or personal representative may release the records
What is the difference between executor and personal representative?
An executor is the person appointed by the court to carry out the provisions in a Last Will and Testament.A personal representative has two meanings: a person who manages the financial affairs of another person or the person appointed by the court to settle an estate. The court-appointed personal representative is an executor if there is a will or an administrator if there is no will.
Can a significant other file to be an personal representative of an estate?
A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.
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 if executor refuses to file an accounting in 9 years?
This could be ground for an action for removal of the executor. A personal representative, whether an executor of a will or a trustee of an estate, may be removed for failing to meet the responsibilities of the position. Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative.
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.
Difference between a trustee and a personal representative?
In common law jurisdictions a personal representative is a generic term for the executor or administrator of an estate. A personal representative can also be a person chosen to manage the day-to-day affairs for some other individual under the authority of a Power of Attorney . A trustee is the person appointed by a trust document to manage the property held by the trust.
How do you request to replace an executor of a will in Texas?
Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative. The objecting party must present all facts showing "cause" for the executor's removal. If the court determines that there are sufficient grounds then the executor must show why they should not be removed from the position. If the executor fails to attend or answer the court's request, they will automatically be removed as the representative.
Is it possible for personal representative purposely not list all assets on inventory list of deceased estate?
If there is evidence that the executor has not listed all the assets of the decedent the executor should be reported to the court immediately. Any evidence of non-reported property should be presented to the court and the executor should be removed and replaced.
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.
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.
