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Commonly Asked Questions about Legal Forms for Personal Representatives

A person (called a personal representative) appointed by the court to administer the deceased estate (for example, when a person dies without a will or where a will does not name an executor).
Some factors you should consider when naming this individual: Trustworthiness. Because this person will be handling finances and personal affairs, your personal representative should be someone close, honest, and someone you can trust. Responsibility and Availability. Well-Organized. Location. Age and Wellbeing. Agree to Act.
As a personal representative (an executor or administrator) youre legally responsible for the money, property and possessions of the person who died (the estates assets). Youre responsible for the assets from the date of death until the date everything has been passed on to the beneficiaries.
A beneficiary is someone to whom you want to leave assets, while a personal representative is someone named by you to oversee the distribution of your assets.
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.
A personal representative (or legal personal representative), also known as the executor, is the individual chosen to administer the estate of a deceased person. They are designated as such by the decedent or by a court.
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.