Personal representative
Appearance
In
candor or honesty, and good faith. In the United States, punctilio of honor, or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by.[2]
In either case of a deceased estate, a probate court of competent jurisdiction issues a finding of fact, including that a will has or has not been filed, and that an executor or administrator has been appointed. These are often referred to as "letters testamentary", "letters of administration" or "letters of representation", as the case may be. These documents, with the appropriate death certificate, are often the only license a person needs to do the banking, stock trading, real estate transactions, and other actions necessary to marshal and dispose of the deceased's estate in the name of the estate itself.
Types
There are a number of types of personal representatives, including:
- Administrator
- Administrator de bonis non - one acting without complete authority
- Alternate executor
- Ancillary administrator
- Conservator
- Executor or executrix (term for females)
- Legal guardian
- Overseer - an assistant to an executor, now mostly obsolete
- Public administrator
U.S. Department of Defense
In the U.S., the
guardian ad litem
.
References
- ^ Hayton & Marshall (2005) 1-127-1-128
- ^ Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928).
Bibliography
- Hayton, D. & Marshall, C. (2005). Commentary and Cases on the Law of Trusts and Equitable Remedies. London: ISBN 0-421-90190-X.