Personal Representatives: Types, Pre-Probate Duties, and Appointment

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Presentation transcript:

Personal Representatives: Types, Pre-Probate Duties, and Appointment Chapter 8

Personal Representative A person authorized to administer the estate of a decedent, whether the decedent died testate or intestate

Pre-Probate Duties of the Personal Representative and Paralegal Search for the will and personal and business records Notify the appropriate parties of the decedent's death Obtain certified copies of the death certificate Schedule and hold a family conference Seek court appointment for the personal representative

Probating (Proving) the Will The court may require the subscribing witnesses to testify in court to the following: They were present at time the will was signed The testator made a declaration of intent to sign the will The testator did sign the will The testator was over the age of 18

Letters of Authority Letters Testamentary Letters of Administration Authority granted to a personal representative when there is a will Letters of Administration Authority granted to a personal representative when there is no will