A personal representative is a person appointed by the probate court to carry out the administration of a decedent’s estate according to the wishes of the decedent as described in the will (if applicable) and according to state law. The difference between a personal representative and an executor is an executor generally refers to a person named in a will and a personal representative is not named in a will. Some states use the terms interchangeably, though.
For states that make the distinction, the presence of a personal representative (as opposed to an executor) typically occurs in one of two ways. First, if a person dies without a will, the probate court will name a personal representative. Second, if the person named as executor in the will informs the court that he or she does not wish to serve as executor, the court will then appoint a personal representative.
