Estate representative
Who can be the estate representative
The first step to figuring out who is or can be a representative of an estate is to find out if there is a will.
If there is a will
The will should name an executor. The executor named in the will is the estate representative.
If there is no will
Who will be the estate representative if there's no will depends on whether the case needs to go to probate court or not.
- If the estate is small or the estate can pass to other people through simplified procedures informally, then a close relative, often the person who will inherit most of what is left behind, can be the informal estate representative as long as all the beneficiaries agree.
- If the case has to go through a formal probate court case, then the court appoints an administrator to be the estate representative.
If someone dies without a will, the law gives a priority list for who should be the administrator. You can find the full list in Probate Code §8461. The surviving spouse or legal domestic partner is at the top of the list, with children in the second category, grandchildren in the third, and so on.
Get help if it's not clear
Sometimes, it is not clear who should be the estate representative. For example, maybe the will does not name an executor and more than one person has the same priority. Or there is a disagreement between heirs as to who should serve, or the person with the higher priority has a conflict of interest and many other complications. Talk to a lawyer if this may be your situation.