2. The Duty of Loyalty
One fundamental duty of a Personal Representative is that of loyalty. According to Estates & Trusts Article §7-101, this duty is to “all interested persons and creditors” of the estate. Every action that a Personal Representative takes must take into account the impact that class of beneficiaries and/or creditors.
A Personal Representative should never place him/herself in a position that may favor the Personal Representative’s interest over the interest of the beneficiaries and/or creditors. The Personal Representative must consistently avoid conflicts of interests. Aside from a reasonable fee for services, a Personal Representative must not derive any personal advantage from, or realize a profit in, dealing with the estate.