Category Archives: Personal Representative Duty To Notify

PERSONAL REPRESENTATIVE DUTY TO NOTIFY

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THE FOLLOWING STUDY ARTICLE IS INTENDED TO SUPPORT   AWARENESS . IT IS NOT LEGAL ADVICE.   IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.

 

In Order To Well Administer a Probate Estate and To Limit Liability Risk,  A Personal Representative Should Give Written Notice Of Intent To File and Call The Account for Audit or Confirmation To Every Person Known To That Personal Representative To Potentially Have an Interest in that Estate as Beneficiary, Heir, Next of Kin or Claimant.     

See 20 Pa.C.S.A. § 3161.  Oath of personal representative.

Before letters shall be granted to a personal representative by the register, the personal representative shall swear that he will well and truly administer the estate according to law. …(Emphasis Added)

See 20 Pa.C.S.A. § 8103.  Fiduciary duties; general principles.

(b)  Discretionary power.–In exercising a discretionarypower of administration regarding a matter within the scope of this chapter, whether granted by the governing instrument or this chapter …., a fiduciary shall administer an… estate impartially based on what is fair and reasonable to all of the beneficiaries, except to the extent that the governing instrument clearly manifests an intention that the fiduciary shall or may favor one or more of the beneficiaries. ……(Emphasis Added)

See 20 Pa.C.S.A. § 3503.  Notice to parties in interest.

The personal representative shall give written notice of the filing of his account and of its call for audit or confirmation to every person known to the personal representative to have or assert an interest in the estate as beneficiary, heir, next of kin or claimant, unless the interest of such person has been satisfied or unless such person fails to respond to a demand under section 3532(b.1) (relating to at risk of personal representative).  (Emphasis Added)

See 20 Pa.C.S.A. § 3532. At risk of personal representative.

 (b.1) Limitation on rights of claimants.–A personal representative may make written demand by mail or delivery to any person who may have a claim but who has not previously given written notice of his claim to the personal representative…. (Emphasis Added )