can a estate PR take the money that is in a bank account for the estate and close out the account and take the money for their own use?

Question

can a estate PR take the money that is in a bank account for the estate and close out the account and take the money for their own use?

Answer

The PR has a fiduciary duty to the Estate and heirs to manage the estate, not to personally benefit.

However, a PR is often granted the ability in a Will to charge reasonable fees for his/her effort, and to be reimbursed for costs. In addition a PR is often an heir and entitled to estate distribution in that regard.

Therefore, a PR is not allowed to help themselves to estate funds for personal gain, but it may be legitimate for other reasons. In any event, the PR is fully accountable to the Court and needs to provide an accounting.