Personal Representative With a Will

• When a person dies testate, a person in possession of his will admits that will to probate. The probate court determines the personal representative the decedent appointed by examining the will. Once the probate court determines the personal representative of the decedent’s estate, the court will issue letters testamentary to the personal representative. Letters testamentary authorize the personal representative to carry out his official duties. The personal representative appointed in the will is called an executor. The executor’s duties include: paying funeral expenses, paying costs for the decedent’s final illness, paying creditor claims against the estate and, finally, distributing the property of the estate to the will’s beneficiaries.
  
  

Personal Representative Without a Will

• When a person dies intestate, without a will, the probate court will appoint a personal representative to dispose of the decedent’s estate. The personal representative appointed in this manner is called an administrator. Letters of administration issued by the probate court authorize the administrator to carry on his official duties. The administrator’s duties mirror those of the executor, except the administrator distributes property according to the laws of intestacy.
  
  

Successor Trustee

• If a decedent created a trust before he died, he appointed a trustee to handle the property of that trust. In order for a trust to be created, there must be a trustee, property of the trust and beneficiaries of the trust. Even though the operation of a trust requires the existence of a trustee, a trust will not fail if the trustee dies or ceases to be able to fulfill his duties. In such a case, the probate court will appoint a successor trustee to carry out the decedent’s intent.
  
  

Trustee's Duties

• The successor trustee holds legal title to the property in the trust, while the beneficiaries of the trust hold equitable title. The trustee has a duty to distribute all net income derived from the property of the trust. The trustee also has a fiduciary duty to the beneficiaries of the trust. She must be sure to act in accordance with the terms of the trust and all applicable laws. The trustee must also perform her duties while exercising the appropriate amount of skill and while using the diligence and care that a reasonably prudent person would exercise under the same circumstances.