A personal representative is a person who is responsible for managing a deceased person’s estate, or making or defending claims on behalf of a deceased person's estate.  A personal representative can be a family member, friend, advocate, or lawyer. They can act on behalf of someone who is unable to give their consent or authority.  They are also known as an executor, administrator, or trustee of an estate.  The terms are often used interchangeably.

What are a personal representative’s responsibilities?

A personal representative is a person who manages the estate of a deceased person.  They have responsibilities and duties: 

Responsibilities

A personal representative is responsible for carrying out the wishes of the deceased as outlined in their will. They are also responsible for making or defending claims on behalf of the estate, and for distributing the assets according to the will or intestacy rules. 

Duties

A personal representative's duties include:

• Arranging the funeral 
• Listing assets and liabilities
• Being aware of claims against the estate
• Acting with due diligence and as quickly as possible
• Distributing the remainder of the estate to the entitled persons
• Preserving the assets 
• Paying debts, taxes, and other expenses 
• Keeping records of all dealings with the estate's assets 

A court may remove a personal representative if there are concerns of fraud, breach of trust, or dishonesty

You can find out more about dealing with a deceased person’s property by reading this Community Law resource:  Dealing with the deceased's property

Types of personal representatives

A personal representative can be an executor, administrator, or trustee. The executor is appointed in the will, and is responsible for carrying out the will's provisions. The trustee takes over from the executor and distributes the assets to the beneficiaries. 

Who can be a personal representative?

Anyone who is at least 18 years old and of sound mind can be appointed as an executor. It's common to appoint a close relative or child, but you can also appoint a trusted friend, colleague, or professional. 

What is a personal representative unable to do?

In Aotearoa New Zealand, a personal representative cannot do the following:

• Acquire a personal interest in estate assets

Without the express consent of all beneficiaries, a personal representative cannot acquire a personal interest in estate assets, except as provided for in the will. 

• Distribute estate before six months

A personal representative is personally liable for any distributions made within six months of the Grant of Probate. 

• Deal with an estate worth more than $15,000 without court approval

A personal representative needs court approval to deal with an estate worth more than $15,000.