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Who is the Petitioner and who should be the Personal Representative?

The Petitioner is the individual submitting the petition to the court. Typically, the petition seeks the appointment of a personal representative (Administrator or Executor) for the Estate. Usually, the petitioner is also the candidate seeking appointment. If the deceased had a Will, it often designates a proposed Executor. If so, this individual holds priority and would need to sign a renunciation for any alternative appointment. In cases of intestacy, the next of kin are usually prioritised for appointment, requiring consent from all individuals of equal or higher priority.

Updated on 01 Apr 2024