What is the primary duty of a personal representative?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The primary duty of a personal representative is to execute the will as per the deceased's wishes. This role is fundamental to the probate process, as it involves ensuring that the intentions of the deceased, as laid out in their will, are carried out accurately and in a timely manner. The personal representative is responsible for overseeing the entire administration of the estate, which includes gathering assets, paying debts, and ultimately distributing property to beneficiaries, all in accordance with the instructions found in the will.

While managing estate finances, representing the deceased in legal matters, and distributing assets are all important functions that may fall within the responsibilities of a personal representative, they are secondary to the primary obligation of executing the will. The personal representative must first ensure that the will is properly validated, the terms are followed, and any specific bequests or directives made by the deceased are honored. This ensures that the estate is handled correctly and according to the testator's wishes, which is the cornerstone of estate administration.

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