Who can represent the estate in a probate proceeding? Written By Sandra McCarthy Founder, A People’s Choice Fact Checked The estate representative (executor or administrator) represents the estate in a court proceeding. If there is a will which names an executor, that person is the estate representative. If there is no will (the decedent died intestate), the court will choose the estate representative who is called an “administrator.” If there is a will but no executor has been named or the person named is unable to serve, the court will choose the estate representative who is called an “administrator with will annexed.” By Sandra McCarthy|April 15th, 2016|Probate Column 2, Probate FAQs|Comments Off on Who can represent the estate in a probate proceeding?