The Role of a Personal Representative
A personal representative is the person who is appointed to administer a deceased person's estate. Sometimes a personal representative is nominated in the deceased person's will. Other times, if there is no will or if the person nominated in the will is unable or unwilling to serve as personal representative, the court may select someone to serve as personal representative.
A personal representative is a fiduciary of an estate, which means that the personal representative is bound to act in the best interests of the estate and in accordance with the law and the will, if there is one. To act in the best interests of the estate, the personal representative must look at the estate as a whole, including all beneficiaries and creditors. Personal representatives are not permitted to make decisions that favor themselves or any beneficiary while harming other beneficiaries and the value of the estate as a whole.
Sometimes the terms of the will or the law result in the estate being administered in a way that the personal representative feels the deceased person would not have wanted. For example, the will may say that one of the decedent's children should receive everything, but the personal representative knows that they had a falling out. Although the personal representative may not want to distribute anything to that beneficiary, he is still required to do so. Alternatively, the personal representative may not want to pay the creditors of the estate, as it would result in the beneficiaries receiving less. Nonetheless, the personal representative is required to pay these creditors in most circumstances.
Serving as a personal representative can be a challenging responsibility, with important legal and fiduciary duties. If you have been nominated as a personal representative and need guidance, or if you believe a personal representative is not acting in the best interests of the estate, contact us to schedule a consultation. We can help you understand your rights, responsibilities, and legal options.
