Idaho Law Blog
When clients come to me concerning dealing with the estate of a loved one who has passed away there are usually many questions they have. The person usually talking to me is the one who has been named as the personal representative in their loved one’s Last Will and Testament. One of the first questions that is usually asked by my clients is “If I am appointed as the personal representative will my duties and responsibilities be?” Well there are many things that need to be done in the administration of an estate, there really are only three main duties a personal representative has.
1. PROTECT THE ESTATE
Once a person has gone through the process of filing a probate and being named as the personal representative they will be responsible now for protecting the estate of the loved one who has passed away. What this really means is doing an inventory to determine all of the property that was owned by the decedent. It also means then taking control and or possession of each item of the decedent’s estate so that it can be protected. The personal representative is responsible to the heirs of the decedent to make sure that every effort is made to preserve and protect the estate.
2. RESOLVE CLAIMS FROM CREDITORS
The second main duty of a personal representative is to receive claims from creditors and then resolve those claims. In Idaho there is a statutory process whereby claims can be filed by unknown creditors with the estate and the personal representative. This gives the personal representative an opportunity to scrutinize the claim from the creditor and determine whether it is legitimate or not.
If it appears to not be legitimate the personal representative can challenge the creditor’s claim forcing the creditor to provide proof and evidence in court of the debt. The Court then determines whether the claim is valid. If a debt is evidenced and proven, the personal representative will then simply work with the creditor to pay off the debt from the assets of the estate. A personal representative can also simply settle a claim with a creditor rather than having to go to court to determine its legitimacy. This is up to the discretion of the personal representative based on his responsibility to protect the estate and resolve claims from creditors.
3. DISTRIBUTE THE ESTATE
The final responsibility of a personal representative is to distribute the assets of the decedent in the estate to the heirs and or persons the decedent directed should receive them. This is simply called the administration of the estate. Essentially, what happens is the personal representative reviews the last will and testament of the decedent, or if there was no will the laws of intestacy to determine who should receive the assets from the estate. Once this is known, the personal representative that has the task of actually making the distributions to these heirs or individuals.
If you have questions about being named as a personal representative for another person, or about your own estate planning, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.
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