Hyden, Miron & Foster, PLLC Law Blog

Thursday, July 29, 2021

Tips for Choosing the Personal Representative of Your Estate

If you are taking steps to establish an estate plan, then you have already made important progress towards protecting the future you want for yourself and your loved ones. During the estate planning process, there are many important decisions you will need to make. Your choices can have big impacts on the effectiveness of your plans as well as how smoothly the execution of your plans goes further down the line. One choice you should make during the estate planning process is who you want to select as the personal representative of your estate.

The personal representative plays a key role in the probate process. While the process itself is court-supervised, the personal representative is tasked with the execution of many critical tasks that must be done properly in order for probate proceedings to proceed as seamlessly as possible. These tasks include notifying beneficiaries and creditors of the probate proceedings. It also includes gathering, inventorying, and managing assets of the estate. The personal representative must also see to the payment of any valid debts held against the estate and the distribution of the remaining trust assets to the appropriate beneficiaries. Save your loved ones a great deal of stress and headaches by taking care in your selection of the personal representative of your estate. Here are some tips to keep in mind when doing so.

Tips for Choosing the Personal Representative of Your Estate

A personal representative is tasked with several important jobs during probate proceedings. As such, you should take care to select someone that is trustworthy and organized. The handling of sensitive information and dealing with sensitive tasks can require a trustworthy individual to help the process along. Furthermore, organization of what can be overwhelming amounts of information and to-do list items can make the difference between chaos and delays in probate proceedings and peace and timeliness in probate proceedings.

Many people end up selecting a trusted family member or friend because of the sometimes delicate nature of probate. Consider, however, how the selection may impact other relatives or loved ones. After the death of a loved one, even things such as who was selected as personal representatives can foster resentment. Take these dynamics into account while making your selection. Try to make a point to discuss your selection and your reasons for making a particular selection so that no one is caught off guard or offended when it comes time to probating your estate.

Before you select a person to name as the personal representative of your estate, you should discuss the selection with said person. He or she should be ready and willing to act in this role and giving them advance notice can be crucial. No one wants such a task taking them by surprise. Additionally, you should consider naming an alternate beneficiary in the event that your first choice is unwilling or unable to serve in the role when the time comes.

Estate Planning Attorneys

At Hyden, Miron & Foster, we are here to guide you through the estate planning process and develop a plan that is both strong and comprehensive. We are here to help ensure your estate plan is tailored to your unique goals and wishes for the future. Contact us today.

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