<\/a>Typically when a person (Testator<\/strong>) executes a Last Will and Testament<\/strong> he\/she nominates and appoints an Executor<\/strong> (Executrix – female)\u00a0 to administer the estate upon death.\u00a0 However, the appointment of an Executor or Executrix<\/strong> is not the end of the matter.\u00a0 When the Testator dies and the Last Will and Testament is admitted to Probate Court<\/strong> for administration the Court must approve the Executor and appoint that person as the Personal Representative of the Decedent’s Estate<\/strong>.\u00a0 The Probate Court which is usually the Chancery Court in Tennessee issues Letters of Testamentary<\/strong> which is the official court document appointing the Executor as Personal Representative of the Estate.<\/p>\n The Personal Representative<\/em> acts as a fiduciary for the benefit of all of the beneficiaries of the estate (devisees, legatees and heirs) as well as the creditors of the decedent.\u00a0 Often times the Personal Representative is also a beneficiary of the estate, but when acting in the official capacity this person must act only for the benefit of all of the beneficiaries and the creditors.\u00a0 This is the very reason that Tennessee law requires the posting of a bond, unless it is waived by the Will, when a probate<\/a> is opened. Most often the Probate Court will also require the Personal Representative to have an attorney.<\/p>\n Acting as a Personal Representative involves an awesome responsibility, and should be taken very seriously.\u00a0 In the event that a Personal Representative encounters a conflict of interest (personal interests v.s. fiduciary responsibilities) then the Personal Representative should consult an attorney<\/strong> separate from the estate attorney<\/a>, and may need to resign and allow the court to appoint an independent administrator.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":"The Executor as Personal Representative in Tennessee Probate<\/h2>\n