A loved one died and I need help!
 
 
   
   
   
   
With a will, priority is given to the executors in order of designation. Otherwise, family members have priority to be appointed depending upon the legal proximity of their relationship to the deceased. For example, a spouse has priority over a child to serve as the personal representative, and a child would have priority over a nephew.

If there is disagreement about who should be functioning in the role, the court will generally hold an evidentiary hearing (or trial) on the issue and may appoint one or more of the relatives or even an independent party.