Who is Executor, personal representative

[agraham]

What is the name of your state (only U.S. law)? California

No will, no spouse, Four adult children. Will the executor be one of the children? If so, how is this determined? Are Executor and personal represantitive the same thing? Thank you very much for any help!

 

[Indiana Filer]

What is the name of your state (only U.S. law)? California

No will, no spouse, Four adult children. Will the executor be one of the children? If so, how is this determined? Are Executor and personal represantitive the same thing? Thank you very much for any help!

The executor is the person who takes of care of making sure the will is followed, or who executes the will. If there is no will, there is no executor.

A personal representative is the person appointed by the Court to oversee distribution of the assets and payment of the debts of the deceased. Someone has to apply to be the personal representative. It could be a child of the deceased.

 

[tecate]

Look at Probate Code Section 58.