The person named in the will as executor or personal representative (also called an “administrator”) can represent the estate and file probate. If there is no will, the court will choose the estate’s administrator based on your qualifications. For example, you generally have to be resident in the county or state, and nominated by the heirs and beneficiaries in order to qualify. Courts generally do not want to appoint an administrator who has no relationship to the deceased person. This is why family members are usually the best candidates for the job.
In situations where there is a will but no one has been named for the job or the person named decides they do not want the job, a successor (replacement) has to be chosen. Choosing a successor can be a lengthy, time-consuming process.