Who appoints the administrator or personal representative if there is no will?

In situations where an individual dies without a will, the appointment of an administrator or personal representative falls to the court. This process is designed to ensure that the estate is managed in accordance with state laws governing intestate succession—when someone dies without a legal document specifying how their assets should be distributed.

The court typically oversees this appointment to ensure fairness and compliance with legal standards. Family members may have the desire to administer the estate, but only the court has the authority to officially designate someone as the personal representative in the absence of a will. This representative is responsible for settling the deceased's debts and distributing the remaining assets in accordance with the state's intestacy laws.

In contrast, while family members may express preferences for who should serve, and attorneys may provide guidance in the process, it is ultimately the court that makes the final decision. An executor is specifically the term for an individual named in a will, and therefore does not apply in cases of intestacy.