What role does a personal representative play in New York?
A personal representative has several responsibilities that play a large part in the administration of an estate plan. It is important to note that the duties of a representative do not commence unless the estate’s owner passes away. Some of the responsibilities of a Representative include:
- First, your personal representative has to file your will with the Register of Wills. Even if the will has to go through probate, it will need to be done in the county where you lived.
- If appropriate, your representative must also file a petition for probate with the Orphans’ Court.
- Your personal representative must publish a statement in the local newspaper, notifying anyone who has a claim to make against you to do so as soon as possible.
- Your representative will also have to produce a record of all your beneficiaries, assets, and any other remaining creditors.
- He or she must also take an inventory including the assets and their appraised values.
- He or she will have to make sure that all outstanding federal, state and estate taxes are filed.
- Your representative will need to distribute all assets to beneficiaries listed in your will.
- Your personal representative must handle any contested issues regarding asset distribution.
- Finally, he or she will file a Certificate of Compliance to settle your estate.
If you would like more information regarding the responsibilities of a personal representative, do not wait to reach out to our firm today to learn more. Our legal team is dedicated to serving our clients in important life decisions like these.
Who should I pick to be my personal representative?
It is important to recognize that a personal representative carries a lot of weight and responsibilities in the administration of an estate plan. That is why you will need to choose someone that not only you can trust, but someone who will be reliable enough, even during a time of grief. Many people typically assign this role to a close friend, family member, or life partner.
Do not hesitate to reach out to one of our skilled New York estate planning attorneys to learn more about how to choose a personal representative. Our firm is here to guide you through this important process.
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The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.