7. Duty Not to Delegate
Representatives may not delegate his or her fiduciary responsibility. This duty “not to delegate” is derived from the nature of the position as Personal Representative. Obviously, a Personal Representative is entitled to employ counsel, accountants, and others to help in the tasks. The Personal Representative, however, has a duty to careful monitor all work and, of course, “signs off” on every task.
In the case of several Personal Representatives, each Personal Representative is under a duty to the beneficiaries to participate in the administration of the estate and to use reasonable care to prevent other Personal Representatives from breaching the fiduciary responsibilities.