Section 1.16 Personal Representatives and Administrators

• Library: Trusts and Powers 2013 Supp

E. (§1.16) Personal Representatives and Administrators

The personal representative and administrator of a decedent’s estate, while sharing many of the attributes of a trustee and subject to many of the same rules of law, are still not trustees in the strict sense because the decedent’s estate is not a trust. Restatement (Third) of Trusts § 5 cmt. c (2003). Title to real and personal property of a decedent, except exempt property, passes directly to the heirs and devisees but is subject to the possession of...