One of the biggest misconceptions is that people believe that they are automatically able to act as Personal Representative after the death of the testator (person who executed the will). Unfortunately, that is not how the law works. If a person dies and names you as Personal Representative under his or her Will, the first thing you need to do is file for probate. Filing for probate means that you file an Application or Petition requesting that the Will be admitted into probate and that you be appointed as Personal Representative.  You will need to complete fiduciary training and file an acceptance of appointment. Once you file the required pleadings, the Court will issue a “Letter of Personal Representative.”  The Letter authorizes you to act as Personal Representative. If the Will is not submitted to Court, then there is no Personal Representative.

Laura Trujillo

Disclaimer: This blog is for information purposes only. Legal advice is provided only through a formal, written attorney/client agreement.