Also known as:representatives of the estate · estate representative · personal representative
Written by attorneys · grounded in primary & secondary sources — see below
A fiduciary appointed by a court or named in a will to administer the assets and liabilities of a decedent. The representative collects property, pays debts, and distributes remaining assets to heirs or beneficiaries according to the will or intestacy statutes. The appointment confers authority to sue or be sued on behalf of the estate and binds the representative to fiduciary duties of loyalty and care.
Sources & Authorities
How it applies
Common Examples
2
Diversity Suit by Estate Representative
Rebecca Ross was appointed representative of Ryan Roberts's estate after his death in State S. She filed a wrongful-death action in federal court in State R against a corporate defendant incorporated in State S. Because the statute deems the representative a citizen only of the decedent's state, the court treated Rebecca as a citizen of State S and dismissed the case for lack of complete diversity.
Lien on Devised Property
Rhea Reynolds, as representative of Regina Robinson's estate, received a claim from a mortgagee on land devised to Riley Rivera. The will did not direct payment of the debt from estate assets. Rhea therefore allowed the devisee to take the property subject to the lien rather than using other estate funds to clear the encumbrance.
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Test Yourself
10
Practice Questions5
· 17 primary sources
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Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Study Supplements
Common questions
Frequently Asked
3
How does the citizenship of a representative of the estate affect diversity jurisdiction?+
The representative is deemed a citizen only of the same state as the decedent. This conclusive rule prevents parties from creating diversity by appointing a representative from another state. Courts apply the statute regardless of the representative's actual residence or the location of the probate proceeding.
Supporting sources
When does a maintenance obligation survive the death of the payor and bind the estate?+
Periodic spousal maintenance terminates automatically upon the payor's death unless the decree or a written agreement expressly provides that the obligation continues. Ambiguous language referring to support until a child graduates college does not override the default rule. The representative may therefore stop payments without court modification.
Supporting sources
What venue options exist for a parentage action when the alleged parent has died?+
Venue is proper in the county where an estate administration proceeding for the alleged parent is already pending. This option exists alongside the child's residence and other statutory bases. The representative's appointment in that county therefore supplies a proper forum even if the child lives elsewhere.
Supporting sources
Family LawRights of unmarried cohabitants · Unmarried parents and their children: illegitimacyUBEFoundational