I’m a Fiduciary Now? The Basic Duties of a Personal Representative

Dusting off your dad’s Will from the old safe deposit box after his death can lead to a lot of things, the biggest of which may be your newfound responsibilities as personal representative. Serving as personal representative for an estate is a big responsibility and should not be taken on lightly.  While you may have heard people talk about fiduciary and administrative duties, what does that mean for you? 

Becoming Personal Representative
Just because you are named in dad’s Will does not automatically make you the personal representative.  You must also be authorized by the court through the probate process to act on behalf of the estate.

Being personal representative means that you are acting as a fiduciary for the estate and its heirs or beneficiaries.  As a fiduciary, there are certain duties that you owe to the estate and its heirs or beneficiaries.

*Important Note: If you have been nominated in a Will, you are not required to serve as personal representative.  If you do not want the responsibility, you can decline to act.

Fiduciary Duties:
As personal representative, you have very important duties that you must uphold while administering your dad’s estate, such as:

Duty to Administer[i]
If you accept to act as personal representative, it is your responsibility to complete the administration and do so correctly.  You must administer the estate promptly and in accordance with all other duties provided under Wisconsin law.[ii]

Duty of Loyalty[iii]
The duty of loyalty refers to making decisions and acting solely in the best interest of the estate and the heirs/beneficiaries (e.g. not making risky investments or taking improper distributions).  Loyalty generally boils down to making good, reasoned choices which may include asking others (or hiring professionals) to help you.

Duty of Impartiality[iv]
The duty of impartiality goes hand in hand with loyalty, but with a focus on fairness.  If the assets are held equally in cash and Russian nesting dolls, it may not be fair to give your favorite sibling the cash and the other the dolls.  Obviously, it is unfair (and partial) to give assets in a way that favors one heir over another unless that was what dad provided for in his Will.

Administrative Duties: [v]
While keeping your fiduciary duties in mind, you must also complete important administrative duties, some of which are:

Collect, inventory, and possess estate assets.  As personal representative you will need to prepare an inventory which is a snapshot of the estate assets on your dad’s date of death.  You should keep clear, detailed records of each of your dad’s assets.  Yes, even his autographed Vikings Brett Favre jersey, nobody is perfect.

Manage the estate.  Court dates, hearings, deadlines, you name it, you need to keep track of it.  An estate can be a lot to manage, so keeping a calendar and staying organized will help the process be more manageable.

Address claims and pay expenses.  As creditors make claims against the estate, it is generally your responsibility to determine if the claims are valid, pay valid claims, and contest claims you believe to be invalid.  You are also responsible for paying the expenses of the estate whether they be funeral costs, court fees, or your dad’s jelly of the month club subscription.  This process may require court direction and can be further complicated if the estate is potentially insolvent.

Account for the estate.  After the assets are inventoried above, you need to account for everything that happens in the estate.  Whether the estate receives funds (interest, dividends, or that random insurance refund) or pays expenses, you need to keep a ledger of the transactions.  Once again, keeping clear records will make this simpler.

Taxes.  Just like death, taxes are inevitable.  Your dad may (or may not) have filed his personal returns before he died.  It is your responsibility to identify what returns need to be filed and file all tax returns for your dad and the estate.

Making distributions.  Distributions can be cash, items, or a combination of both.  If your sibling wants to receive the Russian nesting dolls as part of their distribution, that is a possibility.  Communicating with all heirs about how to distribute the estate can help make the process smoother.  It’s better to have an uncomfortable conversation with your siblings now than a painful (and maybe expensive) one down the road.

Now What?
You now have some basic knowledge of your duties and responsibilities as personal representative.  While your situation may involve additional responsibilities not discussed in this article, this information might just save you a few aspirins.  You also have a right to hire a lawyer and other necessary professionals to help you with your responsibilities, which can be extremely important and help lift some of the burden. 

More questions about how probate works? Check out our recent post, The What-Who-Where-When-Why-How of Probate, for more information.

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[i] Wis. Stat. 857.03 (2026).

[ii] Due to the limited scope of this article, the duties and responsibilities discussed are not exhaustive and you should consult with an experienced attorney to confirm the duties and responsibilities that apply to your specific situation.

[iii] Wis. Stat. 881.01(6) (2026).

[iv] Wis. Stat. 881.01(7) (2026).

[v] Wis. Stat. 857.03 (2026). The “administrative duties” listed in this section are non-exhaustive and briefly explain a small selection of a personal representative’s responsibilities.  These duties are more commonly discussed action items and are not in any order of importance.