Personal Representative or Executor Lawyers in Longmont
Fulfilling Fiduciary Duties With Care
Being named as a personal representative of a loved one's estate can be overwhelming, but you don't have to face these responsibilities alone. Turn to Jorgensen, Brownell & Pepin, P.C. for assistance with everything from initial filling to the distribution of the final asset.
Our Longmont probate team offers the guidance and support you deserve during this emotional time. Contact us to learn how we can help you fulfill your fiduciary duties.
The Responsibilities of a Personal Representative
Personal representatives, also known as executors, are responsible for managing the estate and assets of someone who has passed away. Usually named in a will, personal representatives can be one individual or a group of people who must work together to ensure the last wishes of the loved one are fulfilled.
The exact responsibilities are specific to the estate. For example, you may need to ensure the final bills of the loved one are paid, and accounts closed out, or you may be in charge of inventorying assets. Ensuring all personal representative duties are completed can feel like a daunting task. For that reason, most people work with a law firm specializing in estates.
How Our Longmont Team Can Help
If you’ve been named as a personal representative and aren’t sure how to navigate this complex process, turn to Jorgensen, Brownell & Pepin, P.C. We offer:
- A personalized, comprehensive approach: Probate and estates are unique, and we’ll tailor an approach that factors in your specific fiduciary duties. Our experts are here for you from start to finish, helping you fulfill last wishes with care.
- 40 years of combined experience: Many personal representatives are taking on this role for the first time. Lean on our experience to help you through this challenging time.
- Compassionate support: You’re dealing with the emotional toll of losing a loved one while also managing their estate; we’ll be the compassionate support system you deserve, guiding you through probate obstacles.
We’ve assisted many satisfied clients during their time of loss, and we’re honored to help during yours.
Reach Out to Jorgensen, Brownell & Pepin, P.C. Today
Our Longmont personal representative and executor lawyers will ensure a seamless experience that allows you to fulfill your fiduciary duties. Together, we'll ensure your loved one's final wishes are carried out with care. Schedule a consultation for assistance today.
Frequently Asked Questions
What happens when no personal representative is 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 a personal representative, or if the named individual 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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