Who can serve as Personal Representative (Executor)?
If there is a valid Will, the person who is appointed in the Will is usually named as Personal Representative, unless they have been convicted of a felony or if they are not a family member and live out of state.
If there is no Will, normally the appointment of personal representative follows a hierarchy. The surviving Spouse is usually the first choice for appointment of personal representative; second would be the person selected by a majority of interest of the heirs; and then possibly the heir nearest in degree to the decedent’s prior residence. If more than one heir qualifies, then the Court could be used to select the best candidate possible.
