‹ Back

How Personal Representatives Are Notified of Their Duty

 

 

Executors, Administrators, or Personal Representatives are typically notified of their upcoming responsibilities to administer a will through several common methods:

 

1. Named in the Will:

   • The individual is often informed of their duty prior to the death and may have helped draft the will. Upon the person's death, the will clearly states the appointed executor.
      

2.  Notification by the Estate Attorney:

   • After the will's creator passes away, the estate attorney contacts the named executor to inform them of their responsibilities, often involving a formal reading of the will.
      

3. Court Appointment and Notification:

   •  If there is no will or the named executor cannot serve, the probate court appoints an administrator. The court clerk notifies the individual through official documents and letters.
      

4. Informal Notification by Family Members:

   • Family members may inform the named executor of their role shortly after the death and before any formal legal proceedings begin.
      

5. Receipt of Legal Documents:

   • The executor receives legal documents, such as the death certificate and a copy of the will, from the family or the attorney, serving as the official notice to start the probate process.
      

 

Additional Considerations

 

• Acceptance of the Role:   Executors must formally accept their role, usually by signing a document currently named “Oath of Personal Representative” and sometimes taking an oath in court. You can learn more about the oath for Washington State here (it will be changing for 2024 and on).
   
• Training and Guidance:  An Executor often receive guidance from an estate attorney on the steps and sequence required throughout the probate process, including managing assets, paying debts, and distributing the estate.
   

 

Final Thoughts

If you need assistance finding a reputable estate attorney to help you navigate the probate process following the death of a family member, or if you need guidance in establishing a will or living trust to ease future stress for your family, we can help connect you with the ideal estate attorney for your situation.

 

Disclaimer:  I am not an attorney and cannot provide legal advice. This article is for informational purposes only and does not constitute legal advice. If you need legal advice, you should contact an attorney. We can also direct you to a reputable estate planning attorney should you need.