Who can or can't be a personal representative of an estate?
As a general rule, anyone can be an executor if they are over 18. Some states bar felons from serving as executors. There may also be limits on out-of-state personal representatives who may need to be a primary beneficiary or obtain a bond.
If the court needs to appoint a personal representative or an administrator, they typically choose from this list in the following order of priority:
- The person named as the personal representative in the will
- A surviving spouse who is a beneficiary
- Other beneficiaries
- Surviving spouse who is not a beneficiary
- Other heirs
- Someone chosen by a creditor and approved by a probate judge
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