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What is a Personal Representative?
A Personal Representative, also referred to as an Executor/Executrix or Administrator in some jurisdictions, is the fiduciary put in charge of settling a deceased person's estate.
Personal Representatives in Testate Estates:
If the decedent had a Last Will and Testament, then in most cases the person or entity named to serve as Personal Representative in the Last Will will be appointed by the probate judge to serve. The exceptions are if the person or entity named legally isn't allowed to serve or if there's a successful will contest that invalidates the Last Will or disqualifies the named Personal Representative.
Personal Representatives in Intestate Estates:
If the decedent didn't have a Last Will and Testament, then the intestacy laws of the state where the decedent lived at the time of death will determine who has priority to serve as the Personal Representative - first a surviving spouse, if any; then a surviving child or children, if any; then a surviving parent, if any; then a surviving sibling or siblings, if any; then a surviving niece or nephew, if any.
A Personal Representative, also referred to as an Executor/Executrix or Administrator in some jurisdictions, is the fiduciary put in charge of settling a deceased person's estate.
Personal Representatives in Testate Estates:
If the decedent had a Last Will and Testament, then in most cases the person or entity named to serve as Personal Representative in the Last Will will be appointed by the probate judge to serve. The exceptions are if the person or entity named legally isn't allowed to serve or if there's a successful will contest that invalidates the Last Will or disqualifies the named Personal Representative.
Personal Representatives in Intestate Estates:
If the decedent didn't have a Last Will and Testament, then the intestacy laws of the state where the decedent lived at the time of death will determine who has priority to serve as the Personal Representative - first a surviving spouse, if any; then a surviving child or children, if any; then a surviving parent, if any; then a surviving sibling or siblings, if any; then a surviving niece or nephew, if any.