If there isn't a will, or if the will doesn't name an executor, state law dictates who is in charge in order of priority. Generally, if the person was married at the time of his or her death, the surviving spouse is first in line. If he or she declines, generally the person's children are next in priority, followed by parents, siblings, and so on. If there is more than one person in a particular group, one can serve alone or two or more could serve together. Ultimately, the judge will approve the appointment of the person in charge of administering the probate, which is typically referred to as the administrator. The administrator will need to do all of the same tasks as the executor.