What is a personal representative?
A Personal Representative is the person responsible for carrying out a person’s will after their death. Under New York’s probate law, a Personal Representative is also referred to as an executor or administrator. This person is appointed by the court and acts as a faithful fiduciary to ensure the deceased’s wishes are respected and carried out in accordance with the New York probate laws. The Personal Representative’s role is to ensure that all outstanding debts of the deceased are paid, all assets are accounted for, and that the will is properly executed. In some cases, the Personal Representative may also be responsible for filing a petition to probate the will. This means that the Personal Representative works with the court to prove that the will is valid and legal. The Personal Representative is also in charge of defending any challenges brought to the will. After the will is admitted to probate, the Personal Representative must ensure the assets are distributed in accordance with the will. This process includes gathering and appraising assets, paying bills, filing taxes and distributing assets to the right party. Finally, the Personal Representative is responsible for filing an accounting of all the assets distributed to the court. Once the court is satisfied, the Personal Representative is discharged from their duties and the estate is closed.
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