- What If I Want To Change My Choice Of Personal Representative?
- Why Do I Need To Appoint A Personal Representative?
- What Does A Personal Representative Do?
- Does A Personal Representative Get Paid?
- Whom Can I Legally Choose As A Personal Representative?
- Is The Person I Choose Required to Serve As Personal Representative?
- How To Choose A Personal Representative
- Qualities To Look For In A Personal Representative
- Does My Personal Representative Have To Be An Attorney?
- Discussions To Have With Your Personal Representative
- If You Are An Attorney Or Have An An Attorney Who Is Willing To Share Information
FOR INFORMATION ABOUT THE FOLLOWING SUBJECTS, SEE THE OTHER SECTIONS OF THIS ARTICLE
A Personal Representative -- known in some states as an Executor (Executrix) or Personal Administrator -- is the person who is responsible for carrying out your wishes and administering your estate after your death.
A Personal Representative is appointed in a Will. While the appointment is subject to the approval of the probate court in your local jurisdiction, judges will usually go along with your choice unless there is a good reason not to do so. This should not be a problem if you choose carefully both your Personal Representative and a person to take over in case your first choice cannot serve or decides not to serve.
Before a person can serve as a Personal Representative, courts generally require a type of insurance policy known as a bond to assure faithful performance. Bonds cost money. In your Will, you can request that the requirement for a bond be waived.
Assure your wishes will be carried out by discussing your wishes with your Personal Representative.
If you die without a Will, or don't name a Personal Representative, a court will appoint an Administrator. It is preferable for you to make a choice. A court appointed representative may not know anything about you or your loved ones.