When this role actually matters

This role only becomes active if a probate estate must be opened.

Many estate plans are structured so that assets pass outside of probate through trusts, beneficiary designations, joint ownership, or other arrangements. If that occurs, a Personal Representative may never need to act.

The role becomes relevant only when assets remain titled solely in the deceased person’s individual name and must be transferred through the probate court.

The legal role

If probate is required, the Personal Representative is the person appointed by the court to administer the estate under the will. This is a fiduciary position that carries legal responsibilities during the probate process.

In general terms, the Personal Representative is responsible for:

• Filing the will with the probate court and opening the probate estate

• Identifying and securing probate assets

• Notifying beneficiaries and certain creditors

• Reviewing and paying valid debts and expenses of the estate

• Working with the estate attorney to complete the probate process

• Distributing remaining property according to the will once probate is complete

Most of the legal filings and court procedures are handled by the attorney representing the estate. The Personal Representative authorizes actions, signs required documents, and helps gather the information needed to move the process forward.

What usually happens shortly after someone passes away

When someone first passes away, many of the early steps are practical rather than legal. Often these steps are handled by a close family member, and sometimes by the person who will later serve as Personal Representative.

Common early tasks include:

• Securing the home and any vehicles or valuable property

• Locating important documents such as the will, estate planning documents, insurance policies, and financial records

• Arranging funeral or memorial services

• Notifying close family members and other key individuals

• Obtaining certified copies of the death certificate

• Beginning to identify bank accounts, investments, real estate, and other assets

Not all of these tasks are legally part of the Personal Representative’s duties, but they often occur around the same time and help prepare for the administration of the estate if probate becomes necessary.

Your practical role

In most situations, the Personal Representative functions primarily as the coordinator of the estate administration, not the technical expert.

You are not expected to know probate law or court procedures. The attorney assisting the estate prepares the court filings and guides the process.

Your role is typically to:

• Provide information about the estate’s assets and records

• Review and sign documents prepared for the probate court

• Communicate with beneficiaries when appropriate

• Work with the attorney to move the process forward step by step

The most important thing to remember is that property should not be distributed until the proper legal process has been completed. The goal is to follow the written instructions in the will and allow the administration to proceed in an orderly way.

When this role actually matters

If the estate plan includes a trust, your role as Trustee may begin during the person’s lifetime, after their death, or both, depending on how the trust is structured.

Many trusts are revocable living trusts. In that situation, the person who created the trust usually serves as the initial Trustee while they are alive and able to manage their own finances. A successor Trustee steps in only if one of the following occurs:

• The person becomes incapacitated and can no longer manage financial matters

• The person resigns or is no longer able to serve as Trustee

• The person passes away and the trust administration continues

Because trusts are commonly designed to manage assets without court involvement, the Trustee often becomes the primary person responsible for carrying out the financial instructions in the estate plan.

The legal role

A Trustee is responsible for administering the trust according to the written terms of the trust document. This is a fiduciary role, meaning you must act in good faith and in the best interest of the beneficiaries.

In general terms, the Trustee is responsible for:

• Managing trust assets

• Following the written instructions in the trust

• Making distributions according to the trust’s terms

• Acting in the best interest of the beneficiaries

Unlike probate administration, a trust typically operates without ongoing court supervision, and the Trustee has authority to act under the trust document itself.

What this role often involves in practice

In practical terms, the Trustee usually functions as the organizer and administrator of the trust’s financial affairs.

Depending on the trust and the circumstances, this may include:

• Identifying accounts and property owned by the trust

• Working with banks and financial institutions regarding trust accounts

• Managing investments or working with financial advisors

• Paying expenses that the trust is responsible for

• Making distributions to beneficiaries when the trust allows or requires them

Some trusts distribute assets soon after death. Others continue for years while assets are managed and distributed over time. The Trustee’s responsibilities depend on the instructions written in the trust.

Practical first steps

If you believe you may be serving as Trustee, helpful early steps usually include:

• Locating the trust document and related estate planning documents

• Identifying accounts or property titled in the name of the trust

• Determining whether you are now the acting Trustee under the trust terms

• Obtaining certified copies of the death certificate if administration begins after death

• Beginning to gather financial information related to trust assets

You are not expected to interpret complex legal language or handle technical issues entirely on your own. In most situations, Trustees work with attorneys, financial institutions, and other professionals as needed.

Your role is to carry out the written instructions of the trust carefully and methodically, allowing the administration to proceed in an orderly way.

When this role actually matters

A Power of Attorney applies only during the person’s lifetime.

The role becomes relevant when the person who created the document needs help managing financial matters or becomes unable to manage those matters themselves.

Your authority as Agent exists only while the person is alive. The document allows you to act on their behalf according to the powers described in the Power of Attorney.

What authority this role provides

A Power of Attorney allows the Agent to handle certain financial and legal matters for the person who signed the document. The exact powers depend on the language in the document.

In general terms, this may include:

• Managing bank and financial accounts

• Paying bills and ongoing expenses

• Handling certain business or property matters

• Communicating with financial institutions and other organizations

• Signing documents that the person would otherwise sign themselves

The Agent must act in the best interest of the person who granted the Power of Attorney and follow the instructions contained in the document.

What this role often involves in practice

In practical terms, the Agent often functions as the person helping keep the individual’s financial affairs organized if assistance is needed.

Depending on the situation, this may include:

• Assisting with bill payment and routine financial matters

• Communicating with banks, insurance companies, or other institutions

• Helping manage accounts, property, or other financial responsibilities

• Keeping records of transactions made on the person’s behalf

The exact responsibilities vary depending on the person’s needs and the authority granted in the document.

What happens when the person passes away

If the individual has already passed away, your authority under a Power of Attorney has ended.

This is a common point of confusion.

After death, legal authority shifts to the people named in other parts of the estate plan.

This may include:

• The Personal Representative, if a probate estate is opened under a will

• The Trustee, if assets are owned by or pass through a trust

If you were serving as Agent before death, your records and familiarity with the person’s finances may still be helpful to the individuals who now have authority. However, the legal authority granted by the Power of Attorney ends at death.

When this role actually matters

A Health Care Surrogate becomes involved only if the person cannot make medical decisions for themselves.

As long as the person is able to understand and communicate medical decisions, they remain in control of their own care. The Health Care Surrogate’s authority becomes relevant only if doctors determine that the person is unable to make or communicate informed medical decisions.

What authority this role provides

A Health Care Surrogate is authorized to make medical decisions on behalf of the person when they cannot make those decisions themselves.

In general terms, this may include:

• Communicating with doctors and medical providers

• Reviewing medical information and treatment options

• Consenting to or declining medical treatment

• Making decisions consistent with the person’s wishes and instructions

If the person has provided guidance in documents such as a Living Will or other medical directives, the Health Care Surrogate’s role is to carry out those instructions.

What this role often involves in practice

In practical terms, the Health Care Surrogate often functions as the person responsible for communicating with the medical team and making decisions when necessary.

Depending on the situation, this may include:

• Speaking with doctors about the person’s condition and treatment options

• Helping ensure medical providers understand the person’s wishes

• Authorizing medical treatment or procedures when decisions are required

• Making decisions consistent with the person’s previously expressed preferences

These decisions are typically made in consultation with medical professionals and sometimes with input from family members.

What happens after death

Your authority as Health Care Surrogate generally ends at the time of death.

Your role exists only to make medical decisions when the person cannot make those decisions themselves. Once the person passes away, there are no further medical decisions to make.

In some situations, the Health Care Surrogate may still assist briefly with matters connected to the person’s medical care, such as confirming medical information or addressing organ or anatomical donation decisions.

After that point, the Health Care Surrogate’s role concludes and other roles within the estate plan may become relevant.

When this role actually matters

This role becomes relevant only if both parents are deceased or legally unable to care for the child.

Parents typically name a preferred guardian for their minor children in their Last Will and Testament. Some parents may also sign a Declaration of Preneed Guardian for a Minor. These documents express the parents’ intent about who should care for their child if they are no longer able to do so.

However, a guardianship does not arise automatically. A court must formally appoint a guardian before the role becomes legally active.

If a guardianship proceeding is opened, the court usually gives strong consideration to the guardian named by the parents, unless there is a reason that appointment would not be appropriate.

What authority this role provides

A guardian is responsible for the child’s personal care, supervision, and well-being.

In general terms, this may include:

• Providing day-to-day care and supervision

• Making decisions about education

• Authorizing medical care and treatment

• Providing a stable living environment

• Supporting the child’s development and daily needs

The guardian’s role focuses on the child’s personal care and stability.

How financial matters are usually handled

In many estate plans, the person caring for the child is not the same person responsible for managing the child’s financial resources.

Financial assets for the child are often managed by a Trustee under a trust created in the parents’ estate plan, or by a Personal Representative during the probate administration of the parents’ estate.

This structure allows the guardian to focus on the child’s daily care while financial matters are handled separately.

Your practical role

Serving as guardian means stepping into a role focused on stability, care, and continuity for the child.

The court formally appoints the guardian and may require certain procedures or oversight. Once appointed, the guardian’s primary responsibility is to provide a stable and supportive environment for the child while managing the responsibilities that come with raising and caring for them.

When this role actually matters

This role becomes relevant only if a court determines that an adult is unable to manage their personal or financial affairs and appoints a guardian.

Some individuals sign a Declaration of Preneed Guardian naming the person they would want to serve if a guardianship were ever required. This document allows the person to express their preference in advance.

However, the declaration does not create a guardianship. A court must determine that a guardianship is necessary and formally appoint the guardian before the role becomes active.

If a guardianship proceeding occurs, the court typically gives strong consideration to the person named in the declaration unless there is a reason the court determines that person should not serve.

How this relates to a Power of Attorney

Many people already have an Agent under a Durable Power of Attorney who is authorized to manage financial matters if assistance is needed.

In many situations, the existence of a valid Power of Attorney allows the Agent to handle financial matters without the need for a court-supervised guardianship.

However, a guardianship may still become necessary in certain circumstances, such as:

• No valid Power of Attorney exists

• The Power of Attorney does not provide sufficient authority for the situation

• The Agent is unavailable or unwilling to serve

• There are concerns about how financial or personal matters are being handled

• Medical or personal decisions require a court-appointed guardian

Because a guardianship involves court supervision and legal proceedings, it is generally considered a more structured and formal process than acting under a Power of Attorney.

What authority this role provides

A guardian for an adult may be appointed to make personal decisions, financial decisions, or both, depending on what the court determines is necessary.

In general terms, this may include:

• Making decisions about living arrangements

• Authorizing medical care and treatment

• Managing financial accounts or property

• Paying expenses and managing financial obligations

• Acting in the best interest of the person under guardianship

The scope of authority depends on the court order establishing the guardianship.

Your practical role

Guardianships for adults are court-supervised arrangements. The guardian typically works with attorneys and follows court procedures when making certain decisions or reporting to the court.

The role focuses on protecting the well-being and interests of the person under guardianship while following the responsibilities defined by the court.