Who is the immediate representative for person who had no will?

UPDATED: Sep 30, 2022

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Who is the immediate representative for person who had no will?

A person died and had no will and was sole owner of his corporation. Before
the court awards a personal representative, is someone an automatic
representative of his corporation and estate? The deceased and his business
is in Montana.

Asked on February 1, 2017 under Estate Planning, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there was  a manager of the corporation, such person would, as the 2nd in command after the owner, have authority over the corporation. A corporation continues after the death of owners or upper management, so long as there is *someone* employed by it, in a position to take over and exercise authority.But if there were no employees and no heirarchy, then there is no one who can act for or on behalf of the corporation, or make decisions for it, until a personal representative is appointed for the estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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