Duties of A Personal Representative*
- Make the funeral arrangements (usually the family does this but ultimately it is the responsibility of the personal representative);
- Search for cash, jewellery and other valuables and put them in safekeeping;
- Locate and secure other assets (bank accounts, property, vehicles, bonds, stocks etc).;
- Make sure any real property (the residence, recreational property) has been; transfers of the property into the personal representative’s name must be made before any distribution can be made;
- Make sure all assets and property are properly insured;
- Obtain a Grant of Probate (where there is a will) or Letters of Administration (if no will);
- Collect and deposit any cheques owing to the deceased;
- Ensure tax returns are filed (including any delinquent returns);
- Ensure the creditors are paid;
- Sell assets where applicable;
- Keep proper accounting records (i.e. all deposits and expenditures from the estate must be itemized and supported by receipts or other documentation) - these accounts ought to be kept current (THIS DUTY IS CRITICAL);
- Ensure the estate funds are earning an income and are not wasting (the investments you can make may be limited and you ought to obtain legal advice on which investments are permissible);
- Defending or prosecuting actions on behalf of the estate (this could include actions for the collection of debts owing to or by the estate, claims against the estate pursuant to the Wills Variation Act, wills interpretation application, or other types of litigation);
- Distribute the estate according to the terms of the will (cannot distribute for 6 months if the Wills Variation Act is applicable) or according to the terms of the Estate Administration Act if the deceased died without a will (cannot distribute for 1 year after the death of the deceased);
- Pass your accounts as the personal representative.
* This is not an exhaustive list but are applicable to most estates