Skilled Broomfield Executor or Personal Representative Lawyers
We Simplify Complex Probate Processes
Acting as a personal representative can be overwhelming, especially when you're already coping with the loss of a loved one. At Jorgensen, Brownell & Pepin, P.C., we can help you overcome challenges in estate administration and fulfill your fiduciary duty.
With 40 years of combined probate experience, we've successfully guided countless Broomfield families through the process of managing the estate and assets of their loved ones—and we're here to do the same for you. Contact us today!
The Responsibilities of a Personal Representative
A personal representative manages the estate of someone who has passed away. It can be an individual or a group of people, and is usually designated in a will. It’s up to the personal representative to distribute property to beneficiaries and heirs.
If you’ve never been named as a personal representative and suddenly find yourself thrown into the probate process, Jorgensen, Brownell & Pepin, P.C. can assist. As experts in Broomfield probate, we can help you:
- Address any disputes that arise among beneficiaries
- Distribute assets according to the loved one’s wishes
- Gain a better understanding of your legal obligations
If you’re feeling overwhelmed, turn to our Broomfield attorneys for personalized assistance today.
The Jorgensen, Brownell & Pepin, P.C. Difference
Here at Jorgensen, Brownell & Pepin, P.C., we believe you’re as unique as your case. We’ll tailor a custom solution that has you confidently fulfilling your fiduciary duties. With the right balance of efficiency and kindness, you can overcome probate obstacles, protecting the deceased's last wishes.
While our track record speaks for itself, we encourage you to read about the experiences of our satisfied clients.
Compassionate Guidance Awaits
From starting this process through distributing the last asset, Jorgensen, Brownell & Pepin, P.C. is here for you. Contact us for the high level of excellence and support you deserve as you navigate the personal representative process in Broomfield.
Frequently Asked Questions
What happens if a personal representative is not named?
There is nothing that guarantees a decedent will have named a personal representative. If the decedent died without a will or did not include that important note in their will, then Colorado law lists the persons who have priority to be appointed personal representative. However, sometimes there is a "tie," and several people have equal priority.
This is common when an unmarried person dies but is survived by children. The children all have equal rights to be appointed a personal representative. If the children all agree on who should assume the role of the personal representative, those who will not act can resign their right to be appointed. Don't assume that the oldest should be chosen, though, as this is often not the case.
What are the duties of a personal representative?
A personal representative is always appointed by the court, even if the deceased left a will. Once appointed, the personal representative has several duties. One of the most important is to put the interests of the estate in front of the personal representative's own interests, which is called fulfilling a fiduciary duty. The personal representative may not favor one heir or beneficiary over another, and they must do their deliberate best to follow the instructions laid out before them to the letter.
The personal representative of an estate must:
- Collect and inventory the assets of the estate
- Manage the assets during the probate process
- Pay the final bills of the deceased
- Make distributions to the heirs or beneficiaries
How is the personal representative appointed if they are not named in the will?
If the will does not name an executor, or if the named executor is unable to serve, the probate court will appoint a personal representative. Typically, the court follows a priority order, often starting with the closest relatives, to select a suitable candidate who is willing and able to perform the duties.
Can a personal representative decline their role?
Yes. If they choose to do so, they must formally renounce their duties, and the court will appoint someone else, following the legal procedure for selection based on the hierarchy of relatives or other eligible individuals.
Who might be an ideal personal representative?
Generally, the person must be a legal adult and of sound mind. Some states may have restrictions against individuals with felony convictions. Non-residents of the state may serve, but there could be additional requirements, such as posting a bond or appointing a local agent.
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