Who (or What) can be a Personal Representative?
It depends on your state laws. However, the following are general guidelines. The personal representative:
•Could be an individual, bank, or trust company, subject to certain restrictions.
•Must be an individual who is either a resident of the state in which the probate proceedings is taking place, or is a spouse, sibling, parent, child, or certain other close relative.
•Could be a trust company incorporated under the laws of the state in which the probate proceeding is taking place, or a bank or savings and loan authorized and qualified to exercise fiduciary powers in that state.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Probate and Estate Administration Articles
- How can a Probate Attorney Help Me?
- What is a Probate Court?
- What is a Probate Proceeding?
- How are Probate Assets Distributed in a Probate Proceeding?
- Who is in Charge of Administering the Estate?
- What does the Personal Representative Do?
- How are Personal Representatives Selected by the Court?
- Does the Personal Representative Need an Attorney?
- What Documents Does a Personal Representative Need to Start Probate?
- What Fees are Generally Involved with Probate?
- What is Probate Litigation?