Rule 10 Duties of the Personal Representative

Inventory of Estate. The personal representative shall, no later than 60 days after being appointed, unless the court orders otherwise, file an inventory of the estate. For each item of property other than real property, the inventory must include a brief description, the location, and known or estimated value. For all real property, the inventory must include a legal description, the village where the property is located, the approximate size, and an estimated value. Possession. The personal representative, or an agent of the personal representative, shall take possession of the decedent’s estate and shall, pursuant to court order, collect all money or property owed to the decedent. Disposition of the Estate. The personal representative shall safeguard the estate and shall deposit all cash and cash-equivalent instruments in an interest-bearing account at an FDIC-insured bank, if feasible. No person may pay the decedent’s debts or sell or otherwise dispose of the estate without a court order authorizing the payment, sale, or disposition. Review of Records. No later than 60 days after being appointed, the personal representative shall review the records of the Commonwealth Recorder’s Office and the files of the Clerk of Court of the Superior Court to ascertain whether there are any prior or pending real property, probate, or civil matters that conflict with or are contrary to any proposed decree of distribution. At the earliest possible time following completion of this review, the personal representative shall submit to the court a declaration stating the matters found or that no such matters were found. Service on Creditors, Heirs, and Devisees. The personal representative shall, in accordance with Rule 6 and Rule 7, serve all documents filed with the court on all known creditors, known heirs, and devisees who are not otherwise entitled to service of such documents under these rules. 5 Other Acts. The personal representative and any agents of the personal representative shall do everything reasonably necessary to carry out their fiduciary duties.

Rule 10(e) was previously Rules 11 and 21 in the 1996 version of these rules.