Personal Representative

Personal Representative

Personal representative is a term encompassing executors and administrators of decedentís estates. Executors and administrators must be qualified by the appropriate court before they can act. Qualification generally means posting of bond in an amount set by the court for the faithful performance of duties and, in some jurisdictions, the swearing of a fiduciary oath. The amount of the bond usually is indicative of the value of the estate.

An executor is an administrator of a decedentís estate who was nominated by the decedent in his/her will.

Administrators are court appointed and may be of several kinds.

If a nominated executor refuse or for any reason not serve, the court appoints an administrator with the will annexed. This is the administrator cum testamento annexo often abbreviated administrator c.t.a.

When a decedent has made no will, or no will is presented for probate, or no will is successfully proven (for any reason no will is proven), the court appoints an administrator to manage the distribution of the decedentís estate. This is the usage of the term, ďadministrator,Ē unadorned with any Latin phrases.

When an executor or administrator has been qualified but for any reason later ceases to act as personal representative, the court then appoints an administrator as to the goods not administered. The full Latin term for goods not administered is de bonis non administratis which is usually shortened to either de bonis non or d.b.n.

Thus in the event of, say, a resigning executor, the court appoints an administrator de bonis non cum testament annexo. Or of, say, a deceased administrator, the court appoints an administrator de bonis non.