Executor
The person named in a will to carry out the instructions of the will and manage the estate after someone dies, called a personal representative in Minnesota.
An executor is the person named in a will to manage the deceased person’s estate and carry out the will’s instructions. Minnesota law uses the term “personal representative” instead of executor, but the role is the same. The personal representative gathers the deceased person’s assets, pays debts and taxes, and distributes the remaining property to the beneficiaries named in the will.
The personal representative must be appointed by the probate court before they can act. Once appointed, they have a legal duty (called a fiduciary duty) to act honestly and in the best interests of the estate and its beneficiaries. If a person dies without naming a personal representative in their will, or dies without a will, the court will appoint someone.
Why it matters: Serving as a personal representative is a serious responsibility. The person in this role handles significant financial decisions and can be held personally liable for mismanaging the estate. Choosing a trustworthy and capable person is one of the most important decisions in estate planning.
Example: A father’s will names his daughter as personal representative. After his death, she files the will with the probate court, inventories his assets, pays his remaining bills and taxes, and distributes his savings equally among his three children as the will directs.
Wills, probate court, estate administration