Who is legally responsible for handling probate?
When someone dies with a will, the personal representative or executor they name will be responsible for handling probate under the control of the state’s probate court, in most cases.
When there is no will, the court will appoint an administrator who manages the estate and probate based on the state’s probate laws.
In most states, the probate court maintains a great deal of oversight over the executor or administrator’s actions and requires permission to do certain activities like selling property.
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