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Commonly Asked Questions about Legal documents for personal representatives

What is the difference between a personal representative and a trustee? The main difference between a personal representative and a trustee is that the personal representative manages the estate while the trustee manages a trust. Additionally, the personal representative is appointed by a court, unlike a trustee.
Letters of Authority: A document issued by the court evidencing the personal representatives authority to act. Nominee: The person seeking to be appointed personal representative. Personal representative: A person at least 18 years of age who has been appointed to administer the estate of the decedent.
In reality, there isnt a docHub difference between the two, and the terms can be used interchangeably in many cases. The primary difference lies in which state has jurisdiction over the probate. Some states use the term Personal Representative, and some states use the term Executor.
The primary difference between the Personal Representative (PR) and the person appointed under a power of attorney the attorney in fact (the POA) is that the PR is administering the estate after the person has passed away and the POA is caring for the person while they are incapacitated, but still living.
The court will appoint a personal representative from the following list of people, in order starting from the top: A person named in the decedents will as personal representative. A surviving spouse if he or she is beneficiary under the will. Other beneficiaries under the will.
In addition to the accounting and inventorying of estate assets, the personal representative is also responsible for preparing and filing any required state and federal income tax returns. These are filed on behalf of the decedent during the time that they were alive and on behalf of the estate.
Generally, the person who oversees your estate is known as your personal representative. California law also refers to a personal representative as an executor or administrator. All three terms describe the same function, although there is a legal distinction between their method of appointment.