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A personal representative is the person, or it may be more than one person, who is legally entitled to administer the estate of the person who has died (referred to as 'the deceased'). The term 'personal representatives', sometimes abbreviated to PR, is used because it includes both executors and administrators.
Who needs to apply for a grant of letters of administration?Children (or grandchildren if children have died)Parents.Siblings (or nieces and nephews over 18 if siblings have died)Half-siblings (or nieces and nephews over 18 if half-siblings have died)Grandparents.Aunts or uncles.More items...?
Some of these may be more familiar than others. Two of the most common are the Executor and the Next of Kin, those not so familiar may be the Personal Representative, the Informant or the Administrator. This is what each of these roles entails.
The first step is to file a petition to open probate with the court. The court will appoint an executor if someone is listed in the will. If there is no will, the court will appoint a personal representative. They both perform the same job.
Any individual who is over age 18 and of sound mind may serve as a personal representative in Georgia regardless of citizenship or residency.
Your executor must be: at least 18 years old, and. of sound mind -- that is, not judged incapacitated by a court.
(1) Where a person dies and leaves a will, the executors are entitled to grant of probate. (2) Where the executors renounce or fail to take probate, any person interested in the estate of the deceased person may apply for grant of letters of administration with the will annexed.
Nominating one or more of your beneficiaries as executor(s) can also be risky. In many cases, a trusted beneficiary with business skills and/or integrity is seen as a suitable executor. These kind of executors are entitled to an executor's fee and also an inheritance from the estate.
The procedure for applying for grant of representation is set out in section 51 of the Kenyan Law of Succession Act and Rule 7 to 14 of the Probate and Administration Rules. Anyone qualifies to apply for the letters of administration if he/she is an adult of sound mind and not bankrupt.
To obtain Letters Testamentary, the deceased must have left a Will and you must file the Will along with an appropriate petition in the Probate Court. If the Deceased did not leave a Will, then you would use a different process and receive a different order called Letters of Administration.