Obligations and Responsibilities of a Personal Representative

Probating an estate involves the legal process of administering a deceased person’s estate, ensuring that debts are paid, and distributing assets to beneficiaries or heirs. In Alabama, the obligations and responsibilities of a personal representative (often called an executor or administrator) are defined by the Alabama Code and the Uniform Probate Code. These duties vary depending on whether the deceased had a will (testate) or did not have a will (intestate).

Personal Representative’s Role

A personal representative is tasked with managing and settling the deceased’s estate. The primary responsibilities include:

1. Filing the Will and Petitioning for Probate: If the deceased left a will, the personal representative must file it with the probate court in the county where the deceased resided, seek to have it admitted, and request Letters Testamentary (for testate estates) or Letters of Administration(intestate) (Ala. Code § 43-2-20, 22).
2. Notifying Creditors, Heirs, and Beneficiaries: They must notify all interested parties, including heirs, beneficiaries, and creditors, of the probate proceedings (Ala. Code § 43-2-61).
3. Inventorying the Estate: The personal representative is responsible for preparing and filing an inventory of the deceased’s assets within two months of their appointment (Ala. Code § 43-2-835), unless the will relieves him or her of that responsibility.
4. Managing Estate Assets: They must manage and protect the estate’s assets during the probate process.
5. Paying Debts and Taxes: The representative must identify and pay all valid debts and taxes owed by the estate (Ala. Code § 43-2-371). It is important to only pay debts if such a claim is properly made in the Probate Court.
6. Distributing Assets: After debts and taxes are settled, the personal representative distributes the remaining assets to the beneficiaries or heirs as per the will or state law (Ala. Code § 43-2-837).
7. Closing the Estate: Finally, the personal representative must file a final accounting and petition the court to close the estate (Ala. Code § 43-2-500).

Testate Estates (With a Will)

When the deceased leaves a will, the personal representative, named in the will, must follow these additional steps:

1. Proving the Will: The personal representative must prove the will’s validity by presenting it to the probate court. This often involves witnesses who attested to the will (Ala. Code § 43-8-167). Most modern wills are self proving and will not require a will-proving hearing.
2. Following the Will’s Instructions: The personal representative is bound by the terms of the will and must distribute the estate according to the deceased’s instructions (Ala. Code § 43-2-835).
3. Handling Contests: If the will is contested, the personal representative must address these challenges in court, ensuring that the will’s legitimacy is upheld if possible (Ala. Code § 43-8-200).

Intestate Estates (Without a Will)

When the deceased does not leave a will, the estate is considered intestate. The personal representative is typically appointed by the court and must follow Alabama’s intestate succession laws:

1. Appointment: If no executor is named, the court appoints an administrator, often a close family member (Ala. Code § 43-2-42).
2. Intestate Succession: The personal representative must distribute the estate according to Alabama’s intestacy laws, which outline the order of inheritance (Ala. Code § 43-8-42).
3. Bond Requirement: In intestate cases, the personal representative might be required to post a bond to ensure faithful performance of their duties (Ala. Code § 43-2-851).

Fiduciary Duty and Accountability

Regardless of whether the estate is testate or intestate, the personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries or heirs. They must avoid conflicts of interest and are required to act with the utmost good faith and diligence (Ala. Code § 43-2-851).

Conclusion

The role of a personal representative in probating an estate in Alabama is complex and involves a range of duties from inventorying assets to distributing them according to a will or state law. By adhering to the Alabama Code and the Uniform Probate Code, personal representatives can ensure that they fulfill their legal obligations and responsibly manage the estate’s affairs.

Understanding these responsibilities is crucial for personal representatives to navigate the probate process effectively, whether the deceased left a will or not.

At Brackin Law Firm we have been probating estates, litigating against or on behalf of estates, or contesting wills for many years. Call us today if you need help with an estate related matter.