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Commonly Asked Questions about Personal Representatives Forms

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. Personal Representative Vs. Executor: Whos Who in Estate Vollrath Law personal-representative-v Vollrath Law personal-representative-v
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.
For purposes of this form, a personal representative is the executor or administrator of the decedents estate, as appointed or certified by the court. A copy of the decedents will cannot be accepted as evidence that you are the personal representative. For Privacy Act and Paperwork Reduction Act Notice, see page 2. Form 1310 (Rev. December 2021) - IRS IRS (.gov) pub irs-pdf f1310 IRS (.gov) pub irs-pdf f1310 PDF
In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all Wills, Estates, and Probate - probateselfhelp - California Courts California Courts California Courts
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. Dealing with the estate of someone whos died: Overview - GOV.UK GOV.UK probate-estate GOV.UK probate-estate
The personal representative of an estate is an executor, administrator, or anyone else in charge of the decedents property. The personal representative is responsible for filing any final individual income tax return(s) and the estate tax return of the decedent when due.
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.
If a person can make health care decisions for you using a health care power of attorney, the person is your personal representative.