How to Get Started as a Personal Representative

Family LawWhen someone you love passes away, you may experience a range of emotions including anger, denial, sadness and grief. It takes time to clear your head and begin to process what has happened. If you are the executor of the estate, also known as a personal representative, you have a significant role in bringing the family together. In addition to your grief, you may also feel a great deal of pressure to do the right thing for your loved one and your family.

Here are a few steps that will get you started on the right path:

Step 1: Take a Breath

Your first instinct may be to jump right in as a personal representative and start processing all of the paperwork. This is a common mistake. Without fully understanding the obligations of being a personal representative, you can become overwhelmed and ineffective – like running through a maze blindfolded. By taking time upfront to do your research and gather your thoughts and questions, you will be better prepared for what lies ahead.

Step 2: Understand the Role of a Personal Representative

As a personal representative, you are responsible for distributing the property and assets after an individual has passed away. You must also ensure that all of the individual’s debts are paid. This is all part of the probate process. To begin your duties, you need to file an Acceptance of Appointment form. Then the court will send you the Letters of Authority for Personal Representative. This document defines your role and notifies you of any restrictions that court has placed on you.

Once you have your letters of authority, you must notify all beneficiaries, heirs, trustees and creditors that you have been appointed as the personal representative. Then, you must take an inventory of the estate. In order to complete this step to the best of your abilities, you will need financial and legal advice to ensure that you follow the required protocols.

Step 3: Find the Right Legal Representation

Engaging the services of an expert probate attorney can help make the process go smoothly from the beginning. Your primary role as a personal representative is to facilitate communication and compromise. During the probate process, beneficiaries can contest the will and seek additional compensation beyond what was intended. If you are also a beneficiary of the estate, having an attorney present during negotiations will provide confidence to all beneficiaries that you are able to perform your duties without bias.

You can ensure a successful probate process and avoid lengthy court proceedings by hiring an experienced probate attorney. The attorney will help you maintain open communication with the beneficiaries and reach compromises that are in the best interests of all parties.

Step 4: Success

With the right guidance, you will be able to successfully close out the estate and distribute all of the property and assets to the beneficiaries. The entire probate process typically takes about six months. Being a personal representative can be complex and time-consuming, but you don’t have to face it alone. With a knowledgeable probate attorney, you can move through the process in a timely manner and fulfill your loved one’s final wishes.