Is the Personal Representative of an estate the executor?

If a will was left the Personal Representative named in the will is known as the Executor of the deceased Estate. If a person dies without leaving a will, the person appointed by the court to administer the deceased’s Estate is known as an Administrator.

Does executor have to follow will?

In fact, as a fiduciary to the estate beneficiaries, executors are legally required to abide by the will throughout the probate process, including the distribution of assets to the named beneficiaries of the will.

Who is the personal representative of the estate?

When someone dies, the Personal Representative or Executor of the Estate also becomes a Trustee of the Estate property until it is fully distributed. In other words, the Personal Representative holds the Estate property for the benefit of the beneficiaries named in the Will.

What’s the difference between an executor and a personal representative?

While “Executor” and “Personal Representative” are now used interchangeably, any Will drafted post-2012 should use the term “Personal Representative.” Similarly, other formal documentation in Alberta typically refers to someone who formerly would’ve been known as an “Executor” or an “Executrix” as a “Personal Representative”.

Can a personal representative steal from an estate?

Personal Representative Stealing from Estate When family members are appointed as executors, also called personal representatives, stealing from the estate is very common. People can be greedy and having access to money makes it all too easy to use that money for their own pleasure.

Who is the personal representative in a testamentary trust?

A testamentary trust is a trust that is created by a Will. When someone dies, the Personal Representative or Executor of the Estate also becomes a Trustee of the Estate property until it is fully distributed. In other words, the Personal Representative holds the Estate property for the benefit of the beneficiaries named in the Will.