A personal representative is appointed by which legal document?

A personal representative, often referred to as an executor or administrator, is specifically appointed through a legal document known as Letters of Authority. This document is issued by the probate court after the death of an individual who leaves behind an estate that needs to be managed and settled. The Letters of Authority grant the personal representative the legal authority to act on behalf of the deceased, manage their assets, pay debts, and distribute the remaining property according to the will or state laws if no will exists.

This choice highlights the important role of the court in overseeing the appointment process, confirming that the individual selected is qualified and capable of fulfilling their responsibilities. The issuance of these letters is a critical step in the probate process, ensuring that the personal representative can legally handle the affairs of the estate.

In contrast, while a Last Will outlines an individual's wishes regarding the distribution of their assets and may nominate a personal representative, it is the Letters of Authority that officially empower that person to act. A Power of Attorney is typically used during a person's lifetime to designate someone to make decisions on their behalf, but it does not apply posthumously. Similarly, while a court order could facilitate various legal processes, it is specifically the Letters of Authority that serve this role in estate administration.