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The Personal Representatives most important overall duty is to follow the directions left in the deceaseds Last Will and Testament and the relevant Massachusetts laws. The Will works hand-in-hand with the laws; it must be filed with the probate court, which approves the appointment of the Personal Representative.
Who Can Serve As A Personal Representative? An individual appointed as Personal Representative in the decedents Will. The surviving spouse, if the spouse is a beneficiary under the Will. Other beneficiaries of the Will. The surviving spouse if he or she is not a beneficiary under the Will. Other heirs of the decedent.
The person must be appointed by the probate court as the personal representative and letters issued for the appointment as personal representative to be effective. California Probate Code 8400(a).
Who can be a Personal Representative? 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. The surviving spouse if he or she is not a beneficiary under the will. Other heirs of the decedent.
When someone dies without a will they are said to have died intestate and no one has immediate authority to act as their personal representative. Instead, one of their relatives needs to apply to the Probate Registry for a grant of letters of administration.
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A special personal representative may be appointed in a proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a
A personal representative is under a duty to settle and distribute the decedents estate in accordance with the terms of a probated and effective will and this act, and as expeditiously and efficiently as is consistent with the best interests of the estate.
A personal representative may be formally appointed by a Probate Judge after a petition is filed in the Probate Court. The petition can be filed by an interested person to the decedents estate.
The court must first appoint you. You will file a petition for probate, and the court will issue a court order naming you executor. The court will also issue Letters Testamentary, which is the document that gives you authority to gather assets and make transfers.
When someone dies without a will they are said to have died intestate and no one has immediate authority to act as their personal representative. Instead, one of their relatives needs to apply to the Probate Registry for a grant of letters of administration.

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