What does a Personal Representative in Minnesota do?
Well, I am glad you asked. A Personal Representative in Minnesota has many jobs. Whether a person seeks their position through the court process or they were selected within a Will, every PR is responsible for the rules.
If you were not selected as the Personal Representative, do not be disappointed. Maybe just maybe you get appointed down the road.
Regardless of your role, offering support to the deceased person’s family and friends is critical.
Personal Representative in Minnesota: When?
A Personal Representative in Minnesota can only serve after somebody dies. A personal rep or executor isn’t technically responsible for anything until the death of their loved one.
On the other hand, a person serving as a trustee or attorney-in-fact might have responsibilities outside the scope of a PR.
Duties of a Personal Representative
Under Minnesota rule 524.3-703, you will find an outline of duties and responsibilities imposed on a Personal Representative in Minnesota.
The first and the most important duty of a Personal Representative is a fiduciary duty. This means the Personal Representative in Minnesota is observing the standards of care in dealing with the estate assets.
Also, the Personal Representative in Minnesota has the duty to settle and distribute the estate of the loved one in accordance of the terms of a Will submitted for probate.
In other words, actions taken by a Personal Representative is governed by an applicable law, the terms of the Will, and any order granted by a Probate Court.
I Don’t Want to be a Personal Representative
Yes, Minnesota law recognizes a Personal Representative may not want the above referenced duties and responsibilities and or the PR may feel like they do not have specific knowledge in order to serve in this capacity.
Do not despair. The goal of an executor or PR is to facilitate an estate. Likewise, Minnesota law says a Personal Representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time.
Protection for a Personal Representative
Lets keep this simple. An executor’s job is to divide up stuff and distribute it accordingly. Generally, a Personal Representative in Minnesota is protected from any surcharged acts of administration or distribution provided the acts were authorized at the time they occurred.
What should an Executor Do First?
If the PR is slow to the mix, then a creditor might jump in first. Thus, an executor either has to educate themselves on the probate process and acquire support.