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Perhaps you've changed your mind about serving as executor or you simply have other, more pressing priorities to manage. You might wonder if you can skip a lengthy probate process and settle the deceased's estate on your own. Unfortunately, the answer is usually no.
When a person dies, his or her property must be collected by the personal representative. After debts, taxes, and expenses are paid, the remaining assets are distributed to the decedent's beneficiaries.
By River Braun, J.D. If a will's executor dies or is unable to serve for other reasons, the court appoints another person. After your death, this person, also called an agent, personal representative, or fiduciary, handles your estate.
A personal representative is appointed by a judge to oversee the administration of a probate estate.When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.
Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .