As a general rule, anyone can be an executor if they are over 18. Some states bar felons from serving as executors. There may also be limits on out-of-state personal representatives who may need to be a primary beneficiary or obtain a bond.

If the court needs to appoint a personal representative or an administrator, they typically choose from this list in the following order of priority:

  • The person named as the personal representative in the will

  • A surviving spouse who is a beneficiary

  • Other beneficiaries

  • Surviving spouse who is not a beneficiary

  • Other heirs

  • Someone chosen by a creditor and approved by a probate judge