167: Understanding Probate: A Closer Look at the Personal Representative’s Duties

Absolute Trust Talk

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4M ago 8:44

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In this episode of Absolute Trust Talk, Kirsten Howe and Associate Attorney Ariana Flynn shine a light on the often misunderstood world of probate. They discuss why estate planners typically seek to avoid probate, the situations that make it unavoidable, and the key role of the personal representative—whether executor or administrator—in guiding the process. By exploring how the court appoints someone to oversee an estate, they underscore the importance of having a well-crafted plan in place. If you’ve ever wondered about the nuts and bolts of probate or questioned whether your own estate plan is up to date, this episode offers valuable clarity and peace of mind.

Time-stamped Show Notes:

0:00 Introduction

0:20 To get things started, Kirsten and Ariana explain why probate can be so costly and time-consuming and reveal why it’s still sometimes necessary—especially when someone has passed away or become incapacitated.

1:44 Next, they address the common misconceptions surrounding probate and set the stage for this mini-series dedicated to probate basics.

2:20 Listen in as Kirsten and Ariana break down the role of a personal representative, clarifying how an executor differs from an administrator.

3:27 In this part of the show, they detail the formal process of becoming an executor or administrator, including the court petition requirements.

6:05 Finally, they explore the concept of a “special administrator,” explaining why this interim role might be needed in urgent circumstances.

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