During Probate, only certain individuals are legally allowed to manage an Estate and must be authorized by Probate Court before doing so.

If this person is named in the deceased's Last Will & Testament, they are known as the Executor of the Estate, or Executor.

If no Will exists at the time of death, they will be appointed by Probate Court, and are known as the Administrator; typically, this person is a family member or close family friend.

If the state needs to appoint an Administrator in absence of a Will, this person is typically prioritized in the following order:

• Spouse


• Children


• Siblings


• Grandchildren


• Next of Kin as identified by state law


• Creditors


• Additional persons

The rules for being allowed to serve as an Administrator vary greatly by state, but typically one is not allowed to serve if they are:

• Under eighteen years old


• A convicted felon


• A non-resident of the state in which the deceased lived

The next steps of this checklist will outline how to contact state Probate Court to begin this process.

Review the links below to find out more information about the responsibilities of the Executor and Administrator role.