PERSONAL REPRESENTATIVE'S DEED Testate RootsWeb Form
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People also ask
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Is a personal representative the same as a trustee?
While both have a fiduciary duty to you and your beneficiaries, they oversee two very different things. A personal representative will represent your wishes and interests in your county's probate court. A trustee, on the other hand, is the manager of one of your living trusts.
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What is the difference between executor and personal representative?
In reality, there isn't a signNow 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.
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Is personal representative the same as executor?
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.
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What does dies testate mean?
Simply put, testate means “with a will,” and intestate means “without a will.” When someone dies testate, it means that their estate will be distributed ing to the terms of their will.
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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 estate's beneficiaries. It is legal and often common for a personal representative to be a beneficiary of the estate for which they are the executor.
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Is the legal representative of a decedent who dies testate called an executor?
If there is a Will, the person named as executor will usually be appointed as the personal representative – this means s/he is responsible for managing the estate and following probate Rules of Court and procedures.
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Who should you use as an executor?
People often name their spouse or an adult child as executor of their estate, but sometimes a professional such as an attorney or accountant is named. An executor should not have a criminal record or be under 18 years old, and many courts will not allow someone with poor credit or liens against them to be in the role.
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Should your spouse be your personal representative?
Your wife is not obligated to serve as personal representative (PR). If the will names her as PR it is only a nomination - a statement by the decedent during his/her life. If she has not already been appointed as PR by the court, she simply refuses to serve. She should do so in writing.
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