When a person creates an estate plan, they do so with the intent to prepare for what happens to their assets when their life is over. Throughout this process, the individual has the opportunity to assign another person to carry out these wishes. This person is known as a personal representative. A personal representative is chosen by an estate creator to ensure their estate is handled the way they planned for it to be. This is an important job, as they must carry out a loved one’s final wishes during a very emotional time. The representative has many responsibilities that begin when the estate creator passes away. Read on to learn more about the responsibilities of a personal representative in New York.
What are the Responsibilities of a Personal Representative?
When the creator of an estate plan passes away, the individual assigned as their personal representative will begin handling various matters. Some of these matters include:
- Your personal representative must first file your will with the Register of Wills. Whether the will has to go through probate or not, this should be done in the county where you resided.
- If applicable, your personal representative must also file a petition for probate with the Orphans’ Court.
- Your personal representative must publish a statement in the local newspaper, instructing anyone who has a claim to make against you to do so now.
- Your representative will also have to create a record of all your beneficiaries, assets, and any other remaining creditors. He or she must also take an inventory including the assets and their appraised values.
- He or she will have to ensure all outstanding federal, state and estate taxes are filed.
- Your representative will have to distribute all assets to beneficiaries listed in your will.
- Your personal representative must handle any contested matters of the asset distribution amongst heirs.
- Lastly, he or she will file a Certificate of Compliance to close your estate.
The person you pick to be your personal representative should be someone you trust greatly. This individual will have a lot of important responsibilities. For this reason, many people choose a close friend, family member, or partner.
If you have any questions or concerns regarding personal representatives or any other aspects of your estate plan, contact our firm today.
Contact our Firm
If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.