top of page

The Importance of Having a Personal Representative: Protecting Your Estate and Family

An individual or organization chosen to handle the administration of a decedent's estate is known as a personal representative (often referred to as an Executor). As a fiduciary and a personal representative Mississauga must follow the instructions of the decedent's last Will and testament. They may also have to comply with the probate laws of the state where the estate is being managed in order to settle and distribute the decedent's estate as quickly as feasible. This is frequently, but not always, where the decedent lived when he or she passed away.




A personal representative also has decision-making power in certain cases. They have been given the power to make choices regarding another person's health care because that person is gravely sick or not cognizant. In this situation, a personal representative in Mississauga has power of attorney, a legal right that enables the representative to act on behalf of the other person when making financial or legal choices.


Duties of a Personal Representative

Generally speaking, a personal representative is a professional executor responsible for a wide variety of tasks. From gathering assets of the estate to taking care of claims, they do everything related to the estate. Some of the duties of a personal representative include:

Opening the estate

The Petition for Probate documents must first be filed by the personal representative in order to establish the estate. For this, you must hand an original Death Certificate and a few additional documents to the Register of Wills (or relevant Court). In most cases, it's also necessary to offer an assessment of the assets' value as of the date of death.

Estimate the estate's assets

After that, it's critical to locate and gather the estate's assets. This includes any valuable possessions the deceased person owned when they passed away. Real estate holdings, company interests, checking and savings accounts, brokerage accounts, and any unpaid sums owed to the deceased, such as interest and dividends, are just a few examples of assets that typically make up an estate.

Open the account for the estate

A Federal Tax ID Number should be issued for the estate when it has been lawfully opened. To create a new bank account (usually a checking account) in the name of the estate, the personal representative must show the bank this distinct Tax ID Number. The personal representative will then transfer the money from the accounts that were in the deceased's name at the time of death to the new account that is in the name of the estate trustee.

Send notice to creditors

The personal representative, Mississauga, is required to provide known creditors and potential creditors legal notice of the decedent's death. Generally, creditors have a set amount of time (six months in Maryland) to submit claims against the decedent's estate. The personal representative shall, upon the conclusion of such term, pay any enforceable claims against the estate.

Filing the estate’s tax return

For the time that the decedent was Alive and on behalf of the decedent's Estate, the personal representative is liable for completing and submitting all applicable State and Federal Income Tax Returns. It's crucial to keep in mind that the decedent's estate is a separate taxpayer after death, which also ends the decedent's tax year.

Closing the estate

The personal representative must distribute the assets in accordance with the terms of the Will or the applicable state probate rules after all assets have been gathered and all claims have been paid. The estate is deemed closed once the court authorizes the final accounting and the assets have been dispersed. The personal representative's duties are finished at this time.


Duration to settle an estate

The length of time it takes to settle an estate varies because each estate is unique. If an estate simply has a few, straightforward assets, it might be settled in six to eight months, while an estate with more intricate assets might take longer. There can be deadlines for specific steps in the procedure, depending on the state. As a result, the executor of the estate may make an effort to finish particular tasks by a specific deadline.


Conclusion

A personal representative is a professional executor who can help to easily settle affairs with the estate trustee. They have the right experience and expertise to take care of everything related to the estate. When they have the right information, personal representatives can simplify the process. Therefore, having a personal representative can greatly benefit the estate and reduce the time taken to settle the accounts.


Kulbak Trust can play a comprehensive role as your personal representative in Mississauga, estate trustee, and professional executor. Contact us today.

18 views
bottom of page