The distribution of estate resources is not automatic when someone dies. The personal representative, also known as an executor, must submit paperwork to the probate courts and distribute estate resources appropriately.
Personal representatives hold a position of trust and financial authority. Who typically chooses the person who acts as a personal representative?
The deceased individual
People who plan their estates can set many key terms on their own behalf. In addition to selecting their beneficiaries, the testator drafting a will can nominate someone to act as their personal representative. Provided that the person is available when estate administration occurs and that the courts agree their appointment is appropriate, the deceased person may have selected their own personal representative.
The probate courts
Perhaps the decedent passed without a will. Maybe the person they nominated is dead, incapacitated or otherwise incapable of overseeing estate administration. In such cases, the probate courts can select someone to serve as the personal representative of the estate.
They may look at the individual’s status regarding the estate, as those set to inherit a large portion of the estate may oversee the administration process. Surviving spouses and others with close relationships to the deceased individual may also be eligible to serve as a personal representative.
The courts tend to select individuals who are available and competent. Regardless of who makes the selection, the basic responsibilities during estate administration remain the same.
Understanding the rules that apply during probate proceedings can be beneficial for those with an interest in an estate. The deceased individual can choose their own representative, or the probate courts can appoint someone to oversee estate administration.