What is a personal representative?

A personal representative is an individual or a bank or trust company appointed by the court to handle the estate of a deceased person. In Minnesota, the personal representative is sometimes referred to as the “executor” or “administrator”. The personal representative is responsible for collecting the assets of the deceased person, paying the final debts and taxes, and distributing the remaining assets to the rightful heirs. The personal representative is required to take an oath before the court to act in good faith and use reasonable care in administering the estate. They must also file an inventory of the estate with the court and provide notice to creditors and other interested parties, such as potential heirs. The personal representative must maintain records of all receipts and disbursements and must apply for probate, if needed. Depending on the terms of the will or the laws of intestacy (the laws governing the distribution of assets when the deceased died without leaving a will), the personal representative may also need to transfer assets, such as real estate, motor vehicles and other assets. The personal representative is obligated to make sure that all debts of the deceased are paid, assets of the estate are distributed to the proper beneficiaries, and that all taxes are paid. They are responsible for filing the necessary court papers and can be held personally liable for mismanagement of the estate.

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