Natalia Vander Laan
Choosing a personal representative of one’s estate is an important decision, as this person will be responsible for carrying out the decedent’s last wishes.
Additionally, the personal representative will work closely with the probate attorney and other professionals. The personal representative will be responsible for locating important documents, taking an inventory of the estate, paying estate taxes, and performing other tasks to manage the estate.
Subject to certain conditions and restrictions; almost anyone can be designated a personal representative. But because they will have significant responsibility for and authority over the decedent’s estate, choosing a personal representative is an important decision that should not be made lightly.
The person designated as personal representative must meet specific statutory requirements before they can serve their function. The probate court will typically honor one’s choice of personal representative unless there are specific legal grounds that would disqualify them from serving. In Nevada, the person nominated as a personal representative must be at least 18 years old and have no felony convictions related to financial crimes like fraud, theft, or embezzlement.
The person chosen as personal representative should be responsible and organized, have keen attention to detail, and be someone trusted.
Many people choose a spouse, or another loved one as the personal representative of their estate. But if there are any concerns that the choice of personal representative may cause discord within the family, talking to the loved ones about one’s plans can help avoid interfamily issues.
One should also discuss their plans with the person intended to be named as the personal representative of the estate. This will help ensure that they understand the requirements of that position. It also provides an opportunity for them to ask questions. It is important to notify them where the important documents are located and give them the names of the professionals to work with, including one’s attorney, accountant, financial advisor, and others.
In addition to the legal requirements to serve as a personal representative, the nominee’s personality traits and circumstances should be considered as well. The person considered for the position of personal representative should be trustworthy and reliable as well as available. For example, if the person being considered for the personal representative is extremely busy, they may not have time to devote to serving as the personal representative, even if they are otherwise a good choice. Similarly, someone who does not live nearby may not be the best choice, as they may need to make multiple trips to handle the decedent’s affairs.
Furthermore, the court may require the personal representative to post a bond to ensure that the personal representative will not mismanage the decedent’s property. The personal representative may be required to then apply for a bond and a credit check may be necessary. Consequently, good credit and financial soundness are expected of the personal representative. However, the requirement of a bond can be waived in one’s Will.
Finally, one should consider appointing a successor personal representative to serve if the person named in the will is unable or unwilling to serve. Life circumstances change, and the named personal representative may no longer be willing or available when the time comes to probate one’s will.
The role of personal representative is not ceremonial in nature. The process of choosing the personal representative should be thorough and cautious.
Natalia Vander Laan is a Minden attorney.
