Personal Representative (Executor Or Administrator)
The Personal Representative is the court-authorized fiduciary for the estate.
The Personal Representative is the individual legally authorized to administer the estate. Depending on the circumstances, this role may be referred to as an Executor or an Administrator. Regardless of title, the position carries fiduciary authority and fiduciary exposure, and it exists to protect the estate, its beneficiaries, and the integrity of the probate process.
Appointment methods vary, but accepting the role is always voluntary.
A Personal Representative may be named in a will, selected by agreement among family members, or appointed by the court when no nomination exists or when a nominated individual declines to serve. Being named does not obligate anyone to accept the role. Acceptance is voluntary, and refusal is permitted without penalty. Once accepted, however, the responsibilities are substantial and ongoing.
Legal authority begins only after court appointment and issuance of Letters.
Authority to act does not arise from family consensus alone. It occurs only after a court appointment and the issuance of Letters. Until that point, even well-intentioned actions may lack legal standing. This distinction is often overlooked early in probate and later becomes a source of confusion or delay.
The Personal Representative acts on behalf of the estate, not on behalf of individual beneficiaries.
The role itself is administrative rather than personal. The Personal Representative acts on behalf of the estate, not individual beneficiaries. Duties typically include identifying and securing assets, maintaining accurate records, paying obligations, coordinating required filings, and communicating with interested parties. Decisions must be made with impartiality, even when family dynamics are strained.
Bonding is a financial safeguard, not a reduction of responsibility.
Bonding is one of the court’s primary safeguards. Unless waived by the will or by the written consent of all eligible heirs and beneficiaries, a bond is generally required. The bond protects the estate, not the court, and estate assets typically pay its cost. Waiver of bond does not eliminate fiduciary responsibility, nor does it reduce court oversight. It simply removes one layer of financial security when circumstances permit.
Compensation is statutory, disclosed, and subject to court approval.
Compensation for a Personal Representative is governed by statute and calculated based on the gross value of the estate, not the net distributable amount. Compensation is not automatic. It must be disclosed, requested, and approved by the court, usually in connection with accounting. Requests for additional compensation for extraordinary services require justification and court approval. No compensation is paid without court authorization.
Serving without an attorney does not reduce fiduciary standards.
Some Personal Representatives serve with legal counsel. Others choose to proceed Pro Per, without an attorney. While permitted, Pro Per service does not reduce responsibility or procedural requirements. Courts hold all fiduciaries to the same standard, regardless of representation. Pro Per Personal Representatives often rely on clerks, probate examiners, self-help resources, paralegals, and independent advisors for procedural guidance, but responsibility for compliance remains solely with them.
Clear authority and disciplined administration reduce conflict and delay.
Probate functions best when authority is clear, expectations are realistic, and cooperation is intentional. Personal Representatives who understand the legal contours of their role early tend to administer estates more efficiently and with fewer downstream disputes. The role is not about control. It is about stewardship, documentation, and disciplined follow-through.
Scheduling assistance is available for those needing guidance.
For convenience, phone or Zoom meeting appointments can be scheduled via this booking link. Click here for the booking.