Who is in charge of the probate process?
If there is a Will, the person named as executor will usually be appointed as the personal representative – this means s/he is responsible for managing the estate and following probate rules and procedures. probate forms
The executor has no authority to act as personal representative until s/he is appointed by the court and formal “Letters Testamentary or Administration” are issued by the Court Clerk.
If there is no Will, or if the Will doesn’t’t name an executor, or the person named as executor in the Will is unable to be executor or does not want to be executor, the probate court appoints someone called an administrator to handle the process. The Court usually chooses the closest living relative, or a person who will inherit some portion of the decedent’s assets.
