Who is the Petitioner and who should be the Personal Representative?

The Petitioner refers to the person filing the petition with the court. The petition documents typically ask the court to appoint a personal representative (Administrator or Executor) of the Estate. Usually the petitioner is also the individual seeking appointment.

If the decedent passed with a Will (also known as Testate), it's very likely that the Will will name a proposed Executor. If there is a named Executor, this individual has priority and would need to sign a renunciation if anyone else were to be appointed.

If the decedent passed without a Will (Intestate), the next of kin have priority to be appointed. Usually, the consent of all individuals of equal or higher priority is required.

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