9. Personal Representatives

Question 1

What is required for courts to appoint personal representatives of Testator’s estate?

Answer 1

1) Statutory order
- Named in will
- Surviving spouse (also ben)
- Ben
- Surviving spouse (not ben)
- Issue
- Creditor

2) Capacity to contract
- Age
- Competency

3) File bond with sureties (secure faithful performance of duties)

Question 2

What are personal representatives’ fiduciary duties?

Answer 2

Send notice to devisees/heirs/claimants vs Estate

Collect T’s assets + file inventory

Manage assets during admin

Pay admin expenses

Distribute property