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Nigel Merchant
Aug 2023
The term Personal Representative might sound daunting, especially if you’re navigating the complex process of estate administration for the first time. A Personal Representative is responsible for the administration of a deceased person's estate; they are liable for various legal and financial tasks that ensure the smooth transition of assets to the beneficiaries.
In the context of the estate administration process, there are two primary types of Personal Representatives: Executors, who are specifically appointed by a Will, and Administrators, who step in when there is no Will. Both roles come with specific responsibilities, challenges, and legal requirements.
In this blog, we'll break down the main tasks of a Personal Representative and provide an overview of what the role involves. Whether you're handling an estate or looking to understand the estate administration process better, this blog can help.
The difference between these two roles in the estate administration process is how they are appointed. An Executor is specifically named in a Will by the deceased. If you have been named an Executor, you will carry out the deceased's wishes as detailed in the Will, assuming the legal obligations to protect assets, settle debts, handle taxes, and distribute the estate to beneficiaries. On the other hand, an Administrator steps into this role when there is no Will and the rules of intestacy are followed.
In both cases, the role demands a high level of diligence and often requires professional assistance to navigate the intricate responsibilities and ensure compliance with the law.
In the case of the deceased having no Will, the rules of intestacy are followed. These rules set out a clear order of priority among the deceased's relatives for who can take on this significant role.
Generally, the spouse or civil partner has the first right to become the Administrator, even if there are children or grandchildren. If there is no surviving spouse or civil partner, the children are next in line, followed by grandchildren or great-grandchildren. If none of these relatives are alive or willing to act, the entitlement continues down the family line to parents, siblings, nieces and nephews, and other more distant relatives.
Being a Personal Representative is a position of great responsibility, involving a range of legal and practical duties when someone passes away. Although every estate is unique and the tasks involved can vary depending on the estate’s makeup, the key duties of a Personal Representative are as follows:
At Kings Court Trust, we specialise in supporting Personal Representatives through the intricate process of estate administration. Whether you've been named as an Executor or are acting as an Administrator under the rules of intestacy, our award-winning probate and estate administration services are designed to assist you at the challenging time of losing a loved one.
Our Client Services Team are available to provide free, practical, and impartial advice about your specific duties and the next steps following a bereavement. Understanding your unique role and responsibilities, they can help you navigate the complexities of probate, estate administration, and intestacy, offering a no-obligation quote for our professional assistance tailored to your needs.
Call 0300 303 9000 or fill in the form below for more information about our expert estate solutions and discover how we can help you fulfil your role as a Personal Representative.
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