When someone passes away, there is often confusion about who is responsible for handling their affairs and what that responsibility actually involves. Many people begin searching online for answers to questions like what a personal representative of a will does, what the duties of a personal representative of a will are, or what the role of a personal representative of an estate is. If you have found yourself asking similar questions, this guide explains the personal representative’s responsibilities in plain language. It addresses common concerns about personal representative compensation, timing of payment, and whether serving as a personal representative is worth it.
What Is a Personal Representative of a Will?
A personal representative of a will is the person named in the will to carry out the deceased’s instructions. You may also see this role referred to as the personal representative of the estate or executor. Regardless of the title, the personal representative’s job is to manage the estate, follow the terms of the will, and comply with state law throughout the probate process.
People often ask what a personal representative of a will is and whether the personal representative has complete control over the estate. The personal representative does not act freely or independently. Instead, the personal representative has a legal duty to act in the best interests of the estate and its beneficiaries while complying with court rules and deadlines.
What Does a Personal Representative of a Will Do?
At its core, the personal representative’s role is administrative and fiduciary. When people search for what a personal representative of a will does or what the duties of a personal representative are, they are often surprised by how much work is involved.
Typical responsibilities of a personal representative of a will include:
- Locating and securing estate assets
- Filing the will with the probate court
- Notifying beneficiaries and heirs
- Paying valid debts, taxes, and expenses
- Managing estate bank accounts and property
- Distributing assets according to the will
- Closing the estate with the court
These responsibilities of a personal representative of an estate can take months or, in some cases, more than a year, depending on the size and complexity of the estate.
Duties of a Personal Representative and Legal Obligations
The duties of a personal representative are governed by state law and the terms of the will. Personal representatives are fiduciaries, which means they must act honestly, avoid conflicts of interest, and keep accurate records. Questions such as “What are the duties of a personal representative of a will or an estate?” often arise when beneficiaries seek transparency.
A personal representative must treat all beneficiaries fairly, even if the personal representative is also a beneficiary. Failure to follow these rules can result in personal liability. That is why many personal representatives work closely with a probate attorney.
Sole personal representative vs. Co-personal representatives
Some wills name a sole personal representative, while others name co-personal representatives. A sole personal representative is responsible for managing the estate, while co-personal representatives must typically act together. People searching for information about a sole personal representative often want to know whether this role is easier. In practice, a sole personal representative may move faster, but also carries the full burden of responsibility.
Does a personal representative of an Estate Get Paid?
One of the most common questions is whether a personal representative of an estate gets paid. In most cases, the answer is yes. Personal representative compensation is allowed unless the will states otherwise.
People ask this in many ways, including:
- Does a personal representative get paid?
- Does a will’s personal representative get paid?
- Does a personal representative get paid for their work?
The answer is generally yes, but the amount depends on several factors.
How Much Does a Personal Representative Get Paid?
There is no single answer to how much a personal representative of a will gets paid. Personal representative compensation varies by state and by the size and complexity of the estate. Common searches include how much a personal representative gets paid, how much a personal representative of an estate gets paid, and typical personal representative compensation.
Some states allow a fee based on a percentage of the estate’s value, while others rely on a fair and reasonable fee to pay a personal representative of the estate. In percentage-based systems, people often ask what percentage of the estate the personal representative receives or what percentage of an estate the personal representative gets. Percentages may vary depending on the value of the estate and the work involved.
In other situations, the personal representative of a will’s fee is based on hourly work or court approval. This is why questions about the personal representative of estate fees and the cost of a personal representative of an estate vary widely.
Trust Personal Representative Compensation vs. Estate Personal Representative Compensation
If a trust is involved, people often ask about trust personal representative compensation. While the role is similar, trust administration is separate from probate. Compensation for a trustee or trust personal representative is usually outlined in the trust document or governed by state law. The same principles of reasonableness and fiduciary duty apply.
Does the personal representative Get Paid Before Beneficiaries?
Another common question Hildebrand Law Firm receives is whether the personal representative gets paid before the beneficiaries. Typically, personal representative compensation is treated as an estate administrative expense. This means the personal representative is usually paid before distributions are made to beneficiaries, but only after court approval or proper accounting.
This timing often surprises beneficiaries and leads to searches like “personal representative of will payment” or “does a personal representative get paid before beneficiaries.”
How Much Can a Personal Representative Pay Themselves?
Personal representatives sometimes worry about overstepping when handling compensation. Questions like “How much can a personal representative pay themselves?” reflect a real concern. A personal representative cannot simply take funds at will. Compensation must be reasonable, properly documented, and approved in accordance with state law or the probate court.
Failing to follow proper procedures can result in disputes, repayment demands, or even removal as personal representative.
Should I Take the Personal Representative Fee?
People named as personal representatives often ask, “Should I take the personal representative fee?” There is no universal answer. Some personal representatives waive compensation, especially when serving a close family member. Others choose to accept payment due to the time and responsibility involved.
Before deciding, it is wise to understand the full scope of a personal representative’s responsibilities under a will and the potential personal liability associated with the role.
Common Misunderstandings About Personal Representative Compensation
Misunderstandings about personal representative compensation often lead to conflict. Beneficiaries may assume the personal representative is overpaid, while personal representatives may underestimate the workload. Clear communication and proper legal guidance can prevent disputes over personal representative compensation and the personal representative’s estate fee amounts.
When to Seek Legal Guidance
Serving as a personal representative can be manageable for simple estates, but complex estates often require professional help. Questions about personal representative compensation, personal representative responsibilities, and the cost of a personal representative are good indicators that legal guidance may be needed.
An experienced estate planning or probate attorney can help ensure the personal representative follows the law, avoids personal liability, and completes the process efficiently.
Key Takeaways
Understanding the role of a personal representative of a will is essential for both those creating an estate plan and those asked to serve. The personal representative plays a critical role in carrying out the deceased’s final wishes, managing assets, paying obligations, and distributing property fairly.
If you have questions about what a personal representative of a will does, how much a personal representative gets paid, or whether you should accept the role, getting clear advice early can save time, money, and stress.
Author and Credentials
Kirsten Hildebrand
Founding Attorney, Hildebrand Law Firm, LLC (Milwaukee, Wisconsin)
Kirsten Hildebrand is the founding attorney of Hildebrand Law Firm, LLC, which has been providing legal services since 2001. Attorney Hildebrand and her team focus on clear guidance, practical estate planning, and helping clients make confident decisions that protect their families, their assets, and their legacies.