National Board Of Examination (NBE) Arts Practice Exam

Who is responsible for appointing an administrator/personal representative if there is no will?

1. Funeral Practitioner

2. Court

3. Executor

4. Next of Kin

The correct answer is: Court

The appointment of an administrator or personal representative in the absence of a will falls under the jurisdiction of the court. This is because, without a will, there are no named executors to manage the estate and fulfill the necessary legal responsibilities. The court appoints an administrator, often based on the laws of intestacy, which typically prioritize close relatives or next of kin to ensure that an appropriate person manages the deceased's assets and debts. In contrast, a funeral practitioner plays a role in handling the funeral and burial arrangements but does not have the authority to appoint an estate representative. An executor only steps in when there is a will that designates them to carry out the deceased's wishes. Next of kin may be involved in the process, especially as potential candidates for the administrator role, but ultimately, the formal appointment is made by the court.