The laws pertaining to the administration of an estate are set forth in a complex body of statutes and case law. A personal representative can easily be overwhelmed and intimidated by the legal complexities of the probate process.
How Can a Personal Representative Attorney Help Me?
As a Personal Representative Attorney, Stephen Kosa works directly with personal representatives, one-on-one, to ensure that the estate is properly administered under the law in a timely and efficient manner.
What is a Personal Representative?
A personal representative (also sometimes referred to as an executor) is a person named in your will who is to be responsible for the administration of your estate when you die. A personal representative can be a family member, a friend, a business associate, or in some cases an employee of a financial institution or trust company. If you do not designate a personal representative in your will the court will appoint one. Your personal representative must comply with all of the legal requirements of the probate process. The primary duties of the personal representative are as follows:
- Identify and inventory the decedent’s assets.
- Manage the assets during the probate process.
- Pay the allowable debts, claims and taxes of the estate.
- Determine the rights of the surviving spouse under any applicable marital property laws.
- Distribute the remaining assets to the decedent’s heirs and/or trustee.
- Obtain the necessary closing certificates from the tax authorities.
- Properly close the estate with the Probate Court.