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What to Know About Personal Representatives in New York

What to Know About Personal Representatives in New York

We spend a lot of time perfecting our estate plans to ensure that everything goes as planned after our passing. As a result, it is important to pick the right person to carry out these plans. This person is known as a personal representative. Read on to learn more about personal representatives, their responsibilities, and how to choose one.

What are the Responsibilities of a Personal Representative?

A personal representative has a number of incredibly important responsibilities. Their duties will begin once the estate’s owner has passed. Some of these responsibilities include:

  • Your personal representative must first file your will with the Register of Wills. Whether the will has to go through probate or not, this should be done in the county where you resided.
  • If applicable, your personal representative must also file a petition for probate with the Orphans’ Court.
  • Your personal representative must publish a statement in the local newspaper, instructing anyone who has a claim to make against you to do so now.
  • Your representative will also have to create 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 ensure all outstanding federal, state and estate taxes are filed.
  • Your representative will have to distribute all assets to beneficiaries listed in your will.
  • Your personal representative must handle any contested matters of the asset distribution amongst heirs.
  • Lastly, he or she will file a Certificate of Compliance to close your estate.

How Do I Choose my Personal Representative

The role of a personal representative is a big responsibility, therefore it is important to choose someone who you know will do a good job. Many people assign this role to a close friend, family member, or life partner. It is important that this individual is responsible, dedicated, and will carry out their duties.

If you have any questions regarding your estate plans or how to choose a personal representative, contact our firm today to speak with an experienced estate planning attorney.

Contact our Firm

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.

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