Personal Representative Rights and Responsibilities
Personal Representative Rights and Responsibilities
Serving as a personal representative is both an honor and a legal responsibility. Missouri law defines specific duties a personal representative owes to an estate and its beneficiaries, along with certain rights and protections. O’Gorman and Sandroni advise personal representatives throughout the St. Louis area on fulfilling this role correctly.
Core Responsibilities
A personal representative must marshal and protect estate assets, provide required notices to creditors and beneficiaries, pay valid debts and taxes, and distribute remaining property according to the will or Missouri’s intestacy law, all within statutory timelines.
Rights and Protections
A personal representative has the right to reasonable compensation for their services, to reimbursement for legitimate estate expenses advanced personally, and to rely on the advice of legal counsel in fulfilling their duties, which offers some protection against claims of misconduct.
Frequently Asked Questions
A personal representative is generally not personally liable for estate debts they didn’t personally guarantee, but they can face personal liability if they mismanage estate assets or violate their fiduciary duties.
Yes, a personal representative can petition the court to resign, though the court will typically require a final accounting and appoint a successor to ensure the estate continues to be properly administered.
Since 1985 Sean O’Gorman and Andrew Sandroni have been representing clients in all areas of the law. O’Gorman & Sandroni, P.C. was founded in 1989 on the principles of honesty, integrity, and the aggressive pursuit of our client’s goals.