The person who represents the probate estate is called the estate representative (executor or administrator). If there is a will which names an executor, that person is usually the estate representative. On the other hand, if there is no will (the decedent died intestate), the heirs can select amongst themselves who they want to represent the estate. In this manner, the personal representative, once approved, is called an “administrator.” Sometimes there is a Will, but no executor is named or the person named is not able to serve. In this case, the personal representative is called an “administrator with will annexed.” The term “personal representative” is often used interchangeably for executor or administrator.
Who can represent an estate in probate?
By Sandy McCarthy|2018-05-07T20:34:39-08:00April 7th, 2018|
About the Author: Sandy McCarthy
Sandra M. McCarthy, founder of ProbatebyME.com / A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.