Who has the responsibility for handling probate?
In the majority of cases, the responsibility is the executor named in the will. If there is no will, or the will fails to name an executor, then the probate court names someone (known as an administrator) to handle the process. More often then not, the job goes to the closest capable relative or the person inheriting the majority of the deceased person’s assets. If no formal probate proceeding is necessary, then the court will not appoint an estate administrator. Instead, a close relative or friend serves as an informal estate representative. In most cases, families and friends choose this person, and it is not uncommon for several people to share the responsibilities of paying debts, filing a final income tax return and distributing property to people who are supposed to get it.