Estate Basics: Will and Testament

Rothman Gordon
Pittsburgh, Pennsylvania
By Raymond M. Roberts, Esquire

What is a Will and Testament?

Most people have some idea what a will does. Generally, a will is a document written by a person that directs how his or her assets are to be distributed after he or she dies. However, a will can and does do much more.

The person who makes a will is called a Testator (if a man) or a Testatrix (if a woman). The testator will do several things in his will. One of the most important parts of a will is the appointment of a personal representative. This person is called an Executor (if a man) or an Executrix (if a woman). The first duty of an executor is to assemble the assets of the deceased and all of the debts of the deceased. The executor will administer the estate until all debts are paid and then will distribute the remaining assets to the beneficiaries named in the will. If you do not have a will, the personal representative will be appointed by the court and is called an Administrator or Administratrix (if a woman). The duties of the administrator are the same as the executor. The only difference is that you choose you personal representative if you have a will. The court will make that choice if you do not have a will.