Personal Representatives Legal Forms

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Commonly Asked Questions about Personal Representatives Legal Forms

What is the difference between power of attorney and personal representative?

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.

Is a personal representative the same as an executor?

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.

Which is a responsibility of the personal representative?

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.

Is a personal representative the same as a beneficiary?

Personal representatives are fiduciaries and have the duty to act in good faith, with honesty, loyalty, and candor, and in the best interests of the estates beneficiaries. It is legal and often common for a personal representative to be a beneficiary of the estate for which they are the executor.

What is the difference between executor and personal representative?

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.

Is a personal representative the same as a POA?

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.

What is a personal representative for?

(a) Personal representative means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the