Q&A

Is personal representative and executor the same?

Is personal representative and executor the same?

If a deceased specifically names a person or institution to act for him or her in his or her will, and if the will is accepted as valid, the named personal representative is known as the executor (male) or executrix (female). Corporate entities (banks and trust companies) are also called executors.

Can a personal representative be an executor of an estate?

However, if the personal representative is an executor—named in the will—he or she can begin handling the estate immediately.

Who is the personal representative in a will?

The Personal Representative. These terms are often used interchangeably, with good reason. Executors and administrators are both personal representatives. Think of “personal representative” as an umbrella term for these other two roles. The difference between them is whether did or did not leave a will.

Can a personal representative be appointed by the court?

However, a personal representative may also be an administrator appointed by the court. When it comes to managing and distributing estates, personal representatives have the same powers as the deceased person had while living.

What is the definition of a personal representative?

In this case, a personal representative has power of attorney, a legal document that allows the representative to act for the other person when making legal or financial decisions. A personal representative or legal personal representative is the executor or administrator for the estate of a deceased person.

Julie Ann Garber wrote about estate planning for The Balance, and has almost 25 years of experience as a lawyer and trust officer. A personal representative —sometimes called an administrator, an executor, or an executrix when a woman serves in this capacity—is typically entitled to be paid for her services.

The Personal Representative. These terms are often used interchangeably, with good reason. Executors and administrators are both personal representatives. Think of “personal representative” as an umbrella term for these other two roles. The difference between them is whether did or did not leave a will.

Can a personal representative oversee an informal estate?

Formal and Informal Administration There are several types of estate administrations that may be supervised by the probate court. Two of these, Formal Administration Informal Administrationand , require the appointment by the court of a personal representative (formerly known as an “executor”).

What are the rights of a personal representative?

In addition to exercising the individual’s rights under the Rule, a personal representative may also authorize disclosures of the individual’s protected health information.