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Personal Representatives have five basic responsibilities: to locate and take control of the decedents assets, pay creditors, pay taxes, locate heirs and finally, distribute assets and close the estate.
733.302 Who may be appointed personal representative. Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.
A Personal Representatives Deed is the form of deed commonly used in connection with the sale of real property owned by an estate.
A Personal Representative must be appointed by the Register of Wills or the Orphans Court before disposing of any assets. When appointed, Letters of Administration will be issued to the Personal Representative. Forms and procedures herein are mandated by Maryland Code and Maryland Rules.
A personal representative can provide the date of death value for assets such as bank accounts and stock holdings. The personal representative cannot value real estate, tangible personal property, or closely held businesses.
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By Petition to the Court (Formal Proceeding). The Probate Judge, Magistrate or Registrar may appoint a Personal Representative and determine Heirs after notice to all Interested Persons and after hearing on any objections. If you need assistance with legal decisions, you should contact an attorney.
Once it is determined that there may be grounds for removing a Personal Representative, the interested party (the petitioner) must draft and file a Petition for Removal. The Petition must clearly lay out the grounds for requesting removal and provide the appropriate supporting documentation.
When someone dies owning an interest in real estate, the legal instrument used to convey the property is a Personal Representatives Deed. In the deed, the Personal Representative (PR) of the estate transfers the deceased owners interest to either a third-party buyer or an estate beneficiary.
If a person dies leaving a valid will, and the will names a person who is to execute the will and administer the estate, this person is called an executor. However, when the person in charge of administering the estate is not named in a will, that person is called an administrator.
Any individual who is at least 18 years old who is a resident of Florida at the time of the decedents death, is qualified to act as the personal representative.