What is an Estate’s Personal Representative and how is one appointed? by Ryan M. Gardner

A personal representative is the individual appointed by the Court to oversee the management of a decedent’s estate. Their duties often include simple tasks such as bill pay, but also sometimes include the difficult duty of marshaling, locating, and organizing, the decedent’s property. This individual typically works closely with an attorney who helps them throughout the probate process.

A personal representative must be appointed by the Court and file with the Cour their oath to fulfill their duties pursuant to Indiana law and any directives set out by the decedent in the last will and testament. With that said most decedents designate their preference for who should serve as a personal representative in their will. This designation is not always dispositive and a person other than whomever was appointed in a will may be appointed to serve as personal representative, but a designation in a will is typically heavily relied upon by a Court when making an appointment for a personal representative.