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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.
Why must a court appoint a Personal Representative to Probate a Will?
The court must ascertain that all the requirements set forth in the probate laws have been met. The Will must be deemed valid and the court must confer legal authority upon the personal representative before they can act.
Who is the personal representative of a deceased person with no will in the state of Ohio?
Whomever obtains the letter of authority from the probate court.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
How do you become personal representative after husband dies in Indiana?
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
How can you find the personal representative of a deceased estate?
Visit the probate court in the jurisdiction where the decedent lived and check to see if a probate was filed. You can review the file to see who was apppointed.
Do you have to go through probate in Oregon if there is a will that appoints a personal representative?
Yes, a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
What is the standard time for probate on wills?
The standard time for probate on wills depends on how far one lives from their personal representative you are. So it could be a few days to a couple of weeks.
Broker Confirmation Letter?
Get StartedOne of the personal representative's responsibilities in probating a decedent's estate is that of gathering the decedent's assets. The personal representative must collect and inventory the decedent's assets that are subject to probate. Tasks involved in gathering the decedent's assets include reviewing records to identify all of the decedent's assets, determining which assets are subject to probate, taking physical custody of probate assets, valuing the assets, and filing an inventory listing with the probate court.Sometimes, the decedent owned one or more investment accounts. These accounts may include money market funds, stocks, bonds, mutual funds, and other investments.The Broker Confirmation Letter serves several purposes. It allows the personal representative to verify the existence of investment accounts held by an investment firm. It also helps determine the exact ownership of the investments. If the investments are held jointly with another individual, or if the investments are held by a trust, the investments may or may not be subject to probate. Therefore, it is important for the personal representative to be able to identify the types of investments owned by the decedent and in whose name the investments are held.The personal representative must also value the decedent's assets as of the date of the decedent's death. This confirmation letter requests information about the values of the investments as of the date of death, including interest accrued and dividends paid on the investments.The personal representative is also responsible for inventorying the decedent's assets. The personal representative may or may not have all information concerning investments held by the decedent. The personal representative can send this letter to investment firms where the decedent may potentially have held investments. This letter can help identify previously unknown assets.Accounts at investment firms continue to earn interest, dividends, and capital gains after the decedent's death. Such items are income to the estate that the personal representative must report on the estate's income tax returns. This confirmation letter assists the personal representative in obtaining information about investments owned by the decedent, which in turn become assets of the estate. The personal representative can then keep track of the assets of the estate that will produce income for the estate that must be included on the estate's income tax returns.
How do you obtain appointment as the personal representative of an estate?
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.
Can a personal representative quick claim a deed from an estate to a person?
Yes, a personal representative of an estate can execute a quitclaim deed to transfer property from the estate to an individual, provided they have the authority to do so under the terms of the will or state probate laws. This process typically requires the personal representative to be officially appointed through probate court. The quitclaim deed serves to transfer any interest the estate has in the property, but it does not guarantee clear title. It's advisable for the personal representative to consult with an attorney to ensure proper procedures are followed.
When a child dies by negligence of hospital can a parent be the power of attorney for the estate?
No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.
