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.
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.
It may depend on the situation being referred to. A legal personal representative could be an individual acting under a Power of Attorney issued by by the grantor. - or - A legal personal representative could refer to the individual acting under the authority of the probate court as the Executor of an estate .
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.
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.
Whomever obtains the letter of authority from the probate court.
Pick up a set of probate instructions at your local courthouse, or they may be available on line. Then follow the instructions and file the appropriate forms with the court and they will issue a letter of authority.
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The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.
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.
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Form 1310 is Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 isn't filed in two situations. One, a surviving spouse is filing an original or amended return with the deceased. Two, a personal representative (executor or administrator) is filing an original return for the deceased. The personal representative must attach to the tax return a court certificate showing the appointment as personal representative by the court. For more information, go to www.irs.gov/taxtopics for Topic 356 (Decedents).