Is an estate of a deceased person a legal entity ( as an llc or corporation)--can the estate be sued (excluding executor)?
1 Answer from Attorneys
The estate is the successor to the deceased person and its executor (now called "personal representative) acts primarily to determine the legal debts of the decedent within the strict limits set by the probate code, to pay the obligations and to distribute the remainder to the heirs or beneficiaries. In order to carry out these duties, a personal representative may need to file lawsuits. Persons who want to make claims against the estate may sue the personal representative in his or her representative capacity, not in their individual capacity. The procedures that need to be followed are determined by the type of estate administration set by the probate court, the decedent's will and other factors. I have been involved in probate administration and litigation since 1975 and offer free evaluations to people who need legal representation. ([email protected]) (206)624-6761