Simple English definitions for legal terms
Read a random definition: Testamentary
A personal representative is a person who is chosen to take care of someone's things after they die. This person can be named in a will or chosen by a court if there is no will. They have the power to do things like sell or give away the person's property, but they have to do it in a way that is fair to everyone who is owed money or has an interest in the property.
A personal representative is a person who is appointed by either the court or the will to manage the estate of a deceased person. This person can be the executor, who is named in the will, or an administrator appointed by the court if there is no will. The terms personal representative, executor, or administrator can be used interchangeably by the court.
The personal representative has the power to manage the property of the estate, including selling, leasing, or mortgaging any real or personal property. They hold the property in trust for the benefit of the creditors and others who have an interest in the estate. This power can be exercised without notice, hearing, or order of the court.
For example, if a person dies and leaves behind a will, they may have named their spouse as the executor. The spouse would then become the personal representative and would have the power to manage the estate's property. They could sell the deceased person's car or house to pay off any debts or distribute the assets to the beneficiaries named in the will.