The person appointed by the court to administer the estate is call the “personal representative.” This is because he/she represents the person of the decedent. A Will generally nominates the personal representative. Even so, that person is not recognized as the personal representative and has no authority to act until appointed by the court. In fact, it is against the law to act as a personal representative before the court issues its order of appointment. Before the court issues its order, by statute the personal representative must post a bond, unless it is waived under the Will or by all the heirs. If a person doesn’t have a Will, an heir or other interested party can petition the court to be appointed as personal representative.
The personal representative is a fiduciary and as such has certain duties including:
Giving notice to creditors and heirs;