As the Hearse Pulls AwayAs the Hearse Pulls Away

Michael M. Mariani

During the course of an estate's administration, a personal representative performs four basic functions: (1) marshals assets; (2) determines and raises cash needs; (3) pays reasonable funeral expenses, debts, administration expenses and taxes; and (4) distributes assets in accordance with the terms of the decedent's will, trust agreement or, if the decedent dies without a will, the laws of intestate distribution.

When performing these tasks, the personal representative is faced with numerous elections. Indeed, depending on the nature of the assets and the value of the estate, one can identify more than 100 different elections that may be encountered during an estate's administration. The personal representative should b...