Working as the personal representative of an estate is a substantial commitment. People agree to spend months if not more than a year managing the assets that belonged to the deceased individual. They must attend court hearings, publish official notice and communicate with interested parties.
Some people receive a small payment for their services from the estate. That compensation often does not reflect the work and risk involved in estate administration. If the personal representative makes mistakes during that process, they may expose themselves to legal and financial liability. Many people who might do well serving as the executor or personal representative of an estate decline to take on that responsibility because of the risks involved.
They assume that they cannot afford legal representation to protect themselves from the possibility of making a costly mistake. An attorney’s guidance can be invaluable during the estate administration process.
How can a personal representative afford the guidance they require to do their job well?
The estate can pay for their attorney
Most people only ever assist with an estate once or twice in their lives, if that. They don’t know what the law requires or what risks they accept along with the authority to manage the estate. An attorney’s help can ensure that a personal representative handles all necessary tasks and can limit how often they must appear in probate court.
Personal representatives sometimes mistakenly believe that they have to pay with their own resources to hire a lawyer. Other times, they may think that they have to invest any compensation that they receive for the services they provide to pay for lawyer expenses.
That simply isn’t the case. The estate itself can cover the cost of legal assistance for the personal representative. Even if the decedent passed with a significant amount of debt, estate resources could cover probate expenses and other end-of-life costs before covering the unsecured debts owed by the deceased individual.
A personal representative should not have to take on major expenses to serve in their role. Competent individuals also should not feel compelled to decline the responsibility of overseeing estate administration because of the liability or expenses involved. Understanding how personal representatives pay for their legal support could help people feel more confident about their decision to take on a state responsibility after someone dies.