In the absence of a will, who will appoint an administrator or personal representative to manage the deceased's estate?

In instances where a person dies without a will, known as dying intestate, it falls to the court to appoint an administrator or personal representative to oversee the administration of the deceased's estate. This court appointment is necessary because there is no designated executor specified in a will, which typically outlines who should handle the estate.

The court steps in to ensure that the estate is managed according to state laws that govern intestate succession. This includes assessing the estate's assets, settling debts, and distributing any remaining property to the heirs in accordance with statutory guidelines. The individual appointed by the court will take on the responsibilities that would have otherwise been handled by an executor defined in a will, ensuring that the estate is settled fairly and legally.

Family members may have a role in the process, such as petitioning the court for the appointment of a specific person as the administrator, but the ultimate authority rests with the court. An executor is typically linked to a will, and a trustee manages property held in a trust, which is not applicable here since we are discussing the absence of a will.