Category Archives: Personal Representative’s Duties

WHAT ARE NON-PROBATE ASSETS?

Assets that are not required to go through probate are commonly referred to as “non-probate assets.” This term causes significant confusion amongst our clients and readers. This term simply refers to any assets which transfer automatically at the time of … Continue reading

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Can I Sell The Property?

Personal Representatives or heirs are often anxious to sell the real property due to the expense of holding the property if it’s vacant. Here’s what you need to know before signing a listing agreement or liquidating that real estate. If … Continue reading

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Proof of Life: Understanding the Uniform Simultaneous Death Act

It’s more common than most people realize to have spouses, relatives or other beneficiaries die at the same time or in close proximity to the decedent. Sometimes this occurs due to a common accident (car, plane, etc.) while other times … Continue reading

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Paying Creditor’s Claims

One of the primary duties of the Personal Representative is to manage the estate assets, which includes paying creditors of the estate. In performing this duty, there are several important things a Personal Representative should remember. First, most creditors should … Continue reading

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Restraint of a Personal Representative Pending Removal

A recent comment asked a very good question – essentially what happens to the Personal Representative after someone has asked the court that they be removed, but before a hearing has actually been held on the matter? The answer to … Continue reading

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Removal of the Personal Representative – The Basics

It’s not uncommon for one or more of the heirs or devisees of an estate to be unhappy with the Personal Representative(s). Sometimes, they have a very good reason to be discontent, but on other occasions I find that decades … Continue reading

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Personal Representative’s Duties: Duty to Inventory Assets

Once serving as the Personal Representative, it will be necessary to take an inventory of all assets owned by the decedent at the time of his or her death. These items have to be recorded on the state approved form … Continue reading

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Personal Representative’s Duties: Duty to Inform

This post discuss a vital duty of Personal Representatives – the duty to inform the heirs and devisees. Continue reading

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What exactly is probate?

Exactly what does probate mean and how do you know if you need to probate someone’s estate after their death? Continue reading

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Choosing a Personal Representative

Choosing a Personal Representative is an essential part of writing your will. Read these tips before deciding who to choose. Continue reading

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