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Who are Personal Representatives?
A personal representative is a person with the legal authority to stand in the shoes of the deceased person in order to conclude that person’s affairs and to supervise and manage their estate assets in accordance with their Will or the laws of intestacy. A probate lawyer at Tollers can help a personal representative to understand their exact role and the responsibilities they have over an Estate.
The executors appointed either in the Last Will and Testament of the Deceased or named in the Grant of Letters of Administration where there is no Will, are the Personal Representatives of the Estate.
Personal Representatives, Executors and Administrators
'Personal representatives' is a term which comprises both administrators as well as executors. Within the terms of a Will, the testator will have specified a person to administer their estate according to their stated wishes, in which case they will be called the executor. Exceptions to this will be simple and straightforward very small estates, where a Grant of Probate is not required from the Probate Registry, in order to administer and distribute the limited assets. In order to enable the executors to deal with the deceased person’s estate and property, they will typically need to apply for a grant of probate.
In the absence of a Will, personal representatives are appointed as administrators. A Grant of Letters of Administration will be required from the Probate Registry by the personal representatives to prove their entitlement to deal with the decedent’s affairs under the laws of intestacy.
In some limited cases, a Will may exist but no executors are expressly specified in the Will. Or, all named executors may choose to renounce their role. In such circumstances a grant is referred to as a Grant of Letters of Administration with Will Annexed and here the personal representatives are referred to as Administrators rather than Executors.
A probate lawyerat Tollers will assist you in determining the type of personal representative to be appointed, depending upon the circumstances.
Please contact us for completely free advice on 0333 414 9191 or email firstname.lastname@example.org.