How are Personal Representatives Selected by the Court?

If the decedent left a valid will, the designated personal representative nominated in the will has preference to serve, and will generally be selected by the court if there is no obvious reason not to choose him/her. Otherwise, the surviving spouse or a person selected by a majority in interest of the heirs may possibly be chosen. If all else fails, the court will choose according to the state laws that prevail.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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