Who is the personal representative of an intestate estate?

When a person dies without leaving a valid will, they are said to have died intestate. In such a case, their estate must be distributed according to the laws of intestacy of the State of Oregon. But who is responsible for administering the estate and carrying out the legal duties involved? In Oregon, this person is called the administrator or personal representative of the intestate estate.  

A personal representative is an individual who has the authority to act on behalf of the estate of a deceased person.  A personal representative has several responsibilities, such as: 

1. Collecting and inventorying the assets of the estate 

2. Paying any debts, taxes and expenses owed by the estate 

3. Distributing the remaining assets to the heirs according to the laws of intestacy 

4. Filing any required reports and accounts with the court 

A personal representative is usually chosen by the decedent in their will. However, if there is no will or if no one named in the will is willing or able to serve as a personal representative, then a court will appoint one. The court will typically follow a priority order established by law, which may vary by state but in Oregon includes: 

1. The surviving spouse the decedent 

2. The adult children of the decedent 

3. The parents of the decedent 

4. The siblings of the decedent 

5. Other relatives or friends of the decedent 

6. Creditors of the decedent 

Being a personal representative can be a challenging and time-consuming role.  A personal representative may be held liable for any mistakes or misconduct that cause harm to the estate or its beneficiaries.  Before accepting this role, one should carefully consider whether they have enough time, resources and expertise to handle it properly.   

If you have any questions about being a personal representative of an intestate estate or need legal advice on how to handle your own estate planning matters, please contact us today for a consultation.