Chapter 10
The Personal Representative
Learning Objectives
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Understand the general purpose of the personal
representative
Distinguish the different types of personal
representatives
Categorize the personal representative’s duties
and obligations
Understand why a representative would post a
bond
Understand when a representative can be
personally liable to the beneficiaries
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The Purposes Of The Personal
Representative
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To collect the testator’s assets
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To pay the estate’s debts
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To distribute the remaining assets to the
beneficiaries, according to the testator’s wishes
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Types of Personal Representatives
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One named in the testator’s will
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an executor or (female) executrix
One appointed by a court when the decedent
dies without a will
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an administrator or (female) administratix
statutes prioritize who can be chosen
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Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Special Circumstances Personal
Representatives
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Administrator with Will Annexed
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administrator chosen by the court where the
executor has predeceased the testator, or is unable
to serve
Special Administrator

temporarily appointed by the court during an
emergency, until the original representative is
appointed
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Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Special Circumstances Personal
Representatives – Part II
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Administrator Pendente Lite
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one appointed during a will contest by one or more
of the beneficiaries
this administrator’s job is to preserve the estate
during the suit
Administrator Ad Litem
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one appointed during any other lawsuit related to
the will
the administrator represents the decedent’s interest
in the suit
Wills, Trusts, and Estates Administration, 3e
Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
What Establishes The Personal
Representative’s Authority?
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Letters Testamentary
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a document granted by the probate court to the
executor
Letters of Administration

this document is given to administrators, rather than
executors
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Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The Duties of the Personal Representative
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Broad Duties
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Collect the decedent’s assets, including money owed to the
decedent
Pay debts, taxes, and estate costs
Distribute the assets according to the will or intestacy statute
Specific Duties Include…
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Publish notice to the estate’s creditors
Sell or mortgage the estate’s real estate
Find beneficiaries
Invest liquid assets in prudent investments
Open a bank account for the estate
File claims for Social Security, pension, and other estateentitled benefits
Wills, Trusts, and Estates Administration, 3e
Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The Personal Representative’s Bond
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What is it?
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How does it work?
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a written promise to faithfully fulfill executor duties,
secured by an amount of money
a surety or bondsman promises to pay the bond money
posted to the court if the executor breaches his or her duties
if the bond must be paid, the executor must pay the surety
bond
Must there be one?
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no…for two reasons:
1) some states don’t require them
2) even in states that do, the testator may, in his or her will,
excuse it
Wills, Trusts, and Estates Administration, 3e
Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Removal Of The Personal Representative
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The personal representative may seek to be
discharged
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But, the court could refuse the request
The court may remove the representative if it is
in the best interest of the estate
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Unsuitability or mismanagement would cause this
removal
Wills, Trusts, and Estates Administration, 3e
Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The Personal Liability For The Personal
Representative
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Could the personal representative be held
personally liable?
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yes!
if the representative breaches his or her fiduciary
duties and causes the beneficiaries to suffer a loss
as a result
Is it likely to occur?
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
no
if the representative acts reasonably and in good
faith, he or she would not be liable, even if a
mistake is made
Wills, Trusts, and Estates Administration, 3e
Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
The Paralegal’s Role in the Personal
Representative’s Duties
The paralegal can do the following in support of the
lawyer’s task to help the personal representative:
 Draft documents the representative will need to help
close the estate, including the letters testamentary
 Communicate with banks or other financial
institutions
 Complete and file estate tax returns
Wills, Trusts, and Estates Administration, 3e
Herskowitz
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© 2011, 2007, 2001 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.