Choosing a Personal Representative
When someone passes away, their assets must be safeguarded and collected, and after the payment of their debts and death taxes, the remainder must be distributed to those entitled to receive under the decedent’s Will, or if they died without a Will, under the intestate laws.
This task of securing and distributing the decedent’s property is performed by a Personal Representative of the decedent. If the decedent died with a Will, then, hopefully, there is a Personal Representative named. However, if he or she died without a Will, the Court will have to make that appointment. The person the Court appoints might not be the best person for the job, may have no personal knowledge of the decedent’s heirs and their needs, or could try to undermine his/her wishes.
Honestly, it is best if YOU choose someone who will appreciate the seriousness of the job, who is organized and can keep track of large numbers of documents and deadlines, who can be trusted to put the interests of others before his or her own, who has some basic understanding of finances and how to keep track of money, and, maybe most importantly, who knows his or her limitations and will ask for help when appropriate. Only you know who’s the best friend or family member for the job.