A representative of a deceased person is an individual appointed to manage the estate of someone who has passed away. This person can be an executor, named in a will, or an administrator, appointed by the court when there is no will. The representative acts on behalf of the deceased person to settle debts, distribute assets, and handle any legal matters related to the estate.
This term is commonly used in probate law, which deals with the administration of estates after a person's death. The representative is responsible for ensuring that the deceased person's wishes are honored, as outlined in their will, or according to state laws if there is no will. Users can often manage these processes themselves using legal templates from resources like US Legal Forms, which provide guidance and necessary documents.
Here are a couple of examples of abatement:
Example 1: John passed away without a will. The court appointed his sister, Mary, as the administrator of his estate. She is now responsible for managing his assets and paying any outstanding debts.
Example 2: Sarah named her friend Tom as the executor in her will. After her passing, Tom is tasked with ensuring her wishes are fulfilled, including distributing her property to her beneficiaries. (hypothetical example)
| State | Executor vs. Administrator | Appointment Process |
|---|---|---|
| California | Executor is named in the will; administrator appointed by the court. | Requires filing a petition with the probate court. |
| Texas | Executor can be named in a will; administrator appointed if no will. | Similar petition process as California, but with specific forms for Texas. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Description |
|---|---|
| Executor | A person named in a will to manage the estate. |
| Administrator | A person appointed by the court to manage an estate when there is no will. |
| Personal Representative | A general term that includes both executors and administrators. |
If you find yourself in a situation where you need to act as a representative of a deceased person, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
An executor is named in a will, while an administrator is appointed by the court when there is no will.