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Is Executor of will the same as Personal Representative?

 

 

What is the difference between an Executor and Personal Representative

The Duties of an Executor and Personal Representative Are Virtually Identical –

 

Personal Representative in California

The Responsibilities of Personal Representative

 

The Personal Representative is the person or institute (bank/trust or company etc.) placed in charge of settling an estate. The Executor of a will is the same as Personal Representative. Also referred to as an executrix if she is a female. If the probate court appoints the personal representative, they are called an administrator.  This would be an estates where the decedent died without a will. They also may have left a will without naming a personal representative, or if they die, the individual he chose is unable or unwilling to serve. The Probate court will then appoint an administrator to handle probate of the estate in these situations.

Ideally, this can avoided if the deceased also names Personal Representative backups in case the first choice(s) isn’t/aren’t available to serve.

 

Personal Representative, Executor and/or Administrator Will Be Responsible For:

 

Although state probate laws can vary, the duties of will usually include:

 Locating and safeguarding all probate assets: The estates assets are property that have no other way but probate of passing to a living individual. Life insurance and certain retirement accounts with beneficiary designations pass directly to beneficiaries by operation of law, so they would not be included in a probate estate.

Obviously, serving as a personal representative can be a huge responsibility and a time-consuming burden.

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