Rule 9 Appointment of Personal Representative

When someone dies and leaves a valid will, the court will approve that will and officially appoint the person named in it to handle the estate. This person is called the executor. Once the court appoints them, they receive a legal document called "letters testamentary" that gives them the authority to manage and distribute the estate.

If someone dies without a will, the process works a bit differently. A person who wants to be in charge of the estate, called an administrator, must appear before the court first. This can be done in person or by videoconference. The court will then choose whoever it believes can do the best job managing the estate. That person receives "letters of administration," which gives them the same kind of authority an executor would have.

In either situation, the court has the power to require the person put in charge to post a bond. This bond acts like a financial safety net. It helps protect the estate and the people who are supposed to inherit from it, in case the person handling the estate doesn't do their job properly or misuses estate funds.