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Sunday, February 4, 2018

Utah Duties of a Personal Representative-Kathie Brown Roberts P.C.

Generally, the standard of care required of the personal representative with respect to management of the assets of an estate is the same as required of a Trustee, exercising reasonable skill and caution and acting as a prudent investor.[1]  For example, with respect to management of assets a Personal Representative must “be evaluated not in isolation but in the context of the …portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the [estate]”[2].  A Personal Representative, generally is charged with possession of the estate; appraising the assets within the estate; paying obligations of the estate; distributing the assets of the estate to those entitled to receive such assets; and generally standing in the shoes of the decedent with respect to ongoing legal and business transactions that require wrap up.[3] 

[1] U.C.A. Sec. 75-7-902.

[2] U.C.A. Sec. 75-7-902.

[3] See U.C.A. Sec. 75-3-703 through U.C.A. 75-3-708.

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