PROBATE
What is a personal representative and what do they do?
By Steve Lockhart
The short answer
Think of the personal representative as the estate's manager, under the court's supervision. The job includes some of the most practical work on earth: securing the house, keeping the utilities on, watching the mailbox for mortgage statements and tax bills, and keeping the property insured.
Full answer
Think of the personal representative as the estate's manager, under the court's supervision. The job includes some of the most practical work on earth: securing the house, keeping the utilities on, watching the mailbox for mortgage statements and tax bills, and keeping the property insured. It also includes legal decisions, such as which debts to pay, whether to sell the home, and how to distribute what remains.
The role carries fiduciary duties. That is legal language for a serious promise: the representative must act in the estate's interest, keep careful records, avoid self-dealing, and never treat estate assets as their own. Nevada law also protects the representative from personal liability for estate debts, as long as they follow the process and pay claims in the required order.
The representative does not have to do it alone. A probate attorney handles the court side, and a real estate professional handles the home sale, from valuation through closing. The representative coordinates the team, makes the decisions, and signs where the estate needs a hand. Compensation for the role is a reasonable fee paid from the estate, not out of anyone's pocket.
A note about legal guidance: Steve is a licensed Realtor, not an attorney or a tax advisor. Probate, estate, and related tax questions involve Nevada law and IRS rules, and the specifics of your situation deserve a review with a probate attorney and a CPA who know your case.
Go a little deeper
Frequently asked
Questions people often follow up on
Is the personal representative the same as an executor?
Yes, in practical terms. Executor is the traditional word for the person named in the will; administrator is the word used when there is no will or the named executor cannot serve. Nevada calls both roles personal representative.
Can the personal representative be held personally liable?
Generally no, for estate debts, as long as they administer the estate properly, pay claims in the legal order, and keep accurate records. They can face liability if they mishandle estate assets or pay claims out of order.
Does the personal representative get paid?
Yes. The representative receives reasonable compensation from the estate as an expense of administration. The amount is based on a statutory schedule and is paid from estate assets, not by the heirs personally.
The Lockhart Method
The Lockhart Method
Your Home | My Strategy | Proven Results
My strategy: give the personal representative a plan, not a pile of open questions. The house is the biggest decision for most estates, so we turn it into a short list: value, carrying costs, options, and a recommended path. A representative with that clarity can act confidently and keep the estate moving.
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