What is a personal representative?
A personal representative is a person appointed by the court in South Carolina to handle the administration of an estate after a person dies. This person is responsible for collecting the deceased’s assets and debts, paying creditors, filing tax returns, and distributing assets to beneficiaries. In South Carolina, the personal representative is known as an executor or administrator. An executor is a personal representative who is named in a will or designated by the court. An administrator is appointed by the court if the deceased did not have a will or the executor is unable or unwilling to serve. The executor or administrator has a duty to manage the estate’s assets and debt for the benefit of the beneficiaries. The personal representative is responsible for collecting all of the deceased’s property, paying any debts, filing tax returns, and distributing the remaining assets. They must also provide an accounting of the estate’s assets and debts to the court and all the beneficiaries. When a personal representative is appointed, they must take an oath to discharge their duties according to law. In South Carolina, they must post a surety bond to guarantee faithful performance. This bond is bought from an insurance company and serves as protection for the beneficiaries of the estate. The personal representative is responsible for the estate until it is fully settled. They may need to hire an accountant or attorney to complete their duties. Once the estate is settled, the personal representative must resubmit an accounting to the court and then request the court to discharge them from their responsibilities.
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