Personal Representative
The legal term covering both executors (with a will) and administrators (without a will). They manage the estate after death.
Personal representative (PR) is the umbrella term for the person legally responsible for administering a deceased person's estate.
Types of Personal Representative
- Executor: Named in a will
- Administrator: Appointed when there's no will (intestate)
Personal Representative's Duties
- Identify and gather all assets
- Pay debts, taxes, and expenses
- Apply for Grant of Representation
- Keep accurate records
- Distribute estate correctly
- Prepare estate accounts if requested
Personal Liability
PRs can be personally liable for:
- Distributing before debts are paid
- Distributing to wrong beneficiaries
- Not paying inheritance tax correctly
- Breach of duty
Protection for PRs
To protect themselves, PRs should:
- Place statutory advertisements (notice to creditors)
- Wait the statutory period before distributing
- Search for missing beneficiaries
- Take professional advice on complex estates
Common questions
What's the difference between an executor and personal representative?
Executor is a type of personal representative (named in a will). Administrator is another type (appointed for intestate estates).
Can there be more than one personal representative?
Yes, up to four can be appointed. Often two or three act together.
Are personal representatives paid?
Lay PRs claim expenses but not usually fees. Professional PRs charge, typically 1-4% of estate value.
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