Tag Archives: Personal Representative

Understanding Summary Administration

Similar to a small estate, summary administration is another abbreviated process available in the probate court under certain limited situations. For a variety of reasons, the same person wears may be both the Personal Representative as well as the only … 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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Avoiding Probate

Years ago, there was a booth at a local festival with a banner that said “Ask me how to avoid probate!” At the time, I was elected as a Probate Judge so naturally I approached the booth and asked “So, … 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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So how long is this going to take?

Perhaps one of the most common questions we get when people start the probate process is, “Exactly how long is this going to take?” Unfortunately, the answer to this question is very specific to your case and often beyond the … Continue reading

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Who will be the Personal Representative? (Part II)

Part II of this discussion on who serves as P.R. if you don’t have a will discusses the issues of divorce, minor children and common law marriage. Continue reading

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Pick Me, Pick Me! Who gets to be the Personal Representative of the estate? (Part I)

For an estate to be opened, there must be someone named as the Personal Representative (formerly called an Executor or Administrator). This person is responsible to the court, creditors of the estate and the heirs to ensure that the estate … 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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