Personal Representative’s Duties

Posted in .
Brochure2019 | 05 | 27

Personal Representative's Duties

Brochure Overview

The property of a deceased is placed in the hands of a trustee, known as a personal representative. A personal representative is called an executor when there is a Will, or an administrator when there is no Will. The obligations of an executor arise from the moment of death. A person is not obliged to accept a position as an executor even if named in a Will. An executor can renounce this role but must do so before making any decisions regarding the deceased’s estate. An administrator’s duties only arise once Letters of Administration (i.e. a Court Order) is granted. Depending upon the nature and value of the estate’s assets, an executor may still have to apply to Court for a Grant of Probate before being able to carry out many of the duties of an executor. This  may be a practical necessity as many third parties will not accept instructions from the executor without satisfactory proof of the executor’s authority and the validity of the Will, such proof being the Grant of Probate. A personal representative is obligated by law to act honestly and prudently and in the best interests of the beneficiaries. The personal representative is also required to act with diligence and in timely manner.

Download PDF

Click the image or button below to download our Personal Representative’s Duties brochure:

Personal Representative’s Duties PDF



DISCLAIMER: This article is presented for informational purposes only. The views expressed are solely the author(s)’ and should not be attributed to any other party, including Taylor McCaffrey LLP. While care is taken to ensure accuracy, before relying upon the information in this article you should seek and be guided by legal advice based on your specific circumstances. The information in this article does not constitute legal advice or solicitation and does not create a solicitor-client relationship. Any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.

If you would like legal advice, kindly contact the author(s) directly or the firm's Chief Operating Officer at, or 204.988.0356.

Related Areas

Related Practice Areas

Related Articles, News & Resources

See All Related Resources