A qualified person with legal priority has the right to be appointed personal representative of the estate above all others. For example, if the decedent died with a will, the person with priority is the person named in the will to serve as personal representative or executor. If the decedent died without a will, the person with priority is the surviving spouse, if the decedent was married at the time of death. If the decedent was not married at the time of death, the decedent’s heirs have priority for appointment.

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