Personal Representative
of the Estate

A Personal Representative of an Estate carries out the specific wishes of a person who has died. If a Personal Representative is not named in a will, and if no family member is available to be the Personal Representative, Lutheran Social Service (LSS) may be appointed by the court to handle these responsibilities.

How is a Personal Representative of Estate appointed?

A petition for execution of the will is filed with the district court. Notice of probate proceedings is given to all known persons with an interest in the proceedings. A Personal Representative of the estate is appointed by the district court judge to handle the estate of the decedent.

What is Probate?

Probate is the process of legally establishing the validity of a will before a judicial authority, and settling an estate by transferring legal title of property from an individual's estate to the heirs.

What are the responsibilities of a Personal Representative of the Estate?

A Personal Representative of an estate works with an attorney to:

• Determine whether the decedent left a will
• Prepare a list of names, ages, addresses of the decedent's heirs
• Collect and preserve the decedent's assets
• Collect money owed to the decedent at time of death
• Pay debts
• Sell assets, as necessary, to pay estate taxes or expenses
• File required tax returns
• Distribute remaining assets to heirs