Personal Representative

A personal representative of an estate is an executor, administrator, or anyone who is in charge of the decedent's property.

Executor. Generally, an executor (or executrix) is named in a decedent's will to administer the estate (property and debts left by the decedent) and distribute properties as the decedent has directed.

Administrator. An administrator (or administratrix) is usually appointed by the court if no will exists, if no executor was named in the will, or if the named executor cannot or will not serve.

Personal representative. In general, an executor and an administrator perform the same duties and have the same responsibilities. Because a personal representative for a decedent's estate can be an executor, administrator, or anyone in charge of the decedent's property, the term personal representative will be used throughout this chapter.

The surviving spouse may or may not be the personal representative, depending on the terms of the decedent's will or the court appointment.

Duties

The primary duties of a personal representative are to collect all of the decedent's assets, pay the creditors, and distribute the remaining assets to the heirs or other beneficiaries.

The personal representative also must perform the following duties.

1. Notify the IRS (as discussed below) that he or she is acting as the personal representative.
2. File any income tax and estate tax return when due. (See Final Return for the Decedent, next.)
3. Pay any tax determined up to the date of discharge from duties.
4. Provide the payers of any interest and dividends the name(s) and identification number(s) of the new owner(s). (See Interest and Dividend Income (Forms 1099), later.)

For more information on the duties and responsibilities of the personal representative, see Duties under Personal Representative in Publication 559.

Notifying the IRS. File a written notice (or Form 56) with the IRS office where the returns are filed for the person (or estate) for whom you are acting. See the instructions for Form 56 for more information.

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