Who Will Handle Your Estate? What the Daveigh Chase Case Can Teach Us
If you died tomorrow, who would handle your estate?
It sounds like a simple question. But if you have not made that decision yourself, your family may have to rely on state law, and a court, to determine who would take charge.
The person responsible for administering your estate may need to locate and protect your assets, deal with creditors, work with financial institutions, handle court proceedings, communicate with beneficiaries, and ultimately distribute your property.
The recent estate dispute involving actress Daveigh Chase illustrates what can happen when that decision is left unresolved.
What Is the Dispute Involving Daveigh Chase's Estate?
Daveigh Chase, best known for voicing Lilo in Lilo & Stitch and playing Samara in The Ring, died in June 2026 at age 35.
According to probate documents reported by PEOPLE and the Los Angeles Times, Chase died without a will and left approximately $400,000 in personal property. She was unmarried and had no children.
Her death has since led to a dispute over who should administer her estate.
Chase's mother petitioned to be appointed administrator. Her father later sought the appointment of a professional fiduciary instead, and her former business manager also opposed her mother's appointment and supported having a professional fiduciary or public administrator appointed. As of the latest reporting, the court had not yet decided who would administer the estate.
The details of Chase's family situation are specific to her case, and allegations contained in court filings should not be treated as established facts.
But the larger estate-planning lesson applies to everyone:
If you died tomorrow, who would handle your estate?
What Does It Mean to Handle an Estate?
The person responsible for administering an estate has a lot more to do than simply distributing someone's belongings.
Depending on the estate, the personal representative may need to:
Locate and protect assets
Identify bank accounts, investments, real estate, and other property
Notify creditors and address outstanding debts
Work with financial institutions and insurance companies
File necessary court documents
Handle tax and financial matters
Communicate with beneficiaries and other interested parties
Sell or manage property when necessary
Distribute assets according to the will or applicable law
Complete the administration and close the estate
The rules for choosing who will handle an estate vary by state. If you have a will, you can generally name the person you want to serve. Without a will, state law determines who has priority to serve.
Here is how those rules work in Alabama and Florida.
Who Can Handle Your Estate in Alabama?
In Alabama, the person who handles an estate is generally called an executor when there is a will and an administrator when there is not.
If you have a will, you can name the person you want to serve as your executor. A person who lives outside Alabama can serve as an executor if they are named in the will and otherwise qualify under Alabama law. See Ala. Code §§ 43-2-22 and 43-2-191.
For example, if you live in Birmingham and name your daughter who lives in Florida as your executor, her Florida residence does not automatically prevent her from serving.
If you die without a will, Alabama law establishes who has priority to serve as administrator. Generally, the surviving spouse has first priority, followed by the next of kin entitled to inherit. In certain counties, a county or general administrator may have priority after those individuals. See Ala. Code § 43-2-42.
There is also an important residency restriction. Under Ala. Code § 43-2-22, a nonresident generally cannot be appointed as the administrator of an Alabama estate unless that person is already serving as executor or administrator of the same estate in another jurisdiction.
If no person with priority is willing and qualified to serve, the probate court may appoint another qualified administrator. Depending on the county and circumstances, that may include a county or general administrator or another person the probate judge appoints.
The takeaway: If your children or other close family members live outside Alabama, naming an executor in your will can help ensure that the person you trust is able to handle your estate.
Who Can Handle Your Estate in Florida?
Florida uses the term personal representative for the person who handles an estate, whether there is a will or not.
If you have a will:
You can name the person you want to serve as your personal representative. Florida law generally gives priority to the person nominated in the will, as long as that person is qualified to serve. See Fla. Stat. § 733.301.
If you die without a will:
Florida law establishes who has priority to serve.
Generally, the surviving spouse has first priority, followed by a person selected by a majority in interest of the heirs and then the heir nearest in degree. See Fla. Stat. § 733.301.
Florida also has specific rules for people who live outside the state. A nonresident may serve as a personal representative if they meet one of the relationships listed in Fla. Stat. § 733.304. These include certain children, parents, other lineal relatives, spouses, siblings, aunts, uncles, nieces, and nephews.
A person who lives in Florida generally qualifies to serve if they are legally competent and meet the other requirements of Florida law. Certain people, including those under 18 and people who have been convicted of certain felonies, are disqualified. See Fla. Stat. §§ 733.302 and 733.303.
The takeaway: Florida allows you to name the person you want to handle your estate, and certain out-of-state family members may also qualify to serve even if they are not named in your will.
Your Personal Representative Does Not Have to Be Your Beneficiary
The person who handles your estate does not have to be the person who inherits your property.
Your personal representative is responsible for administering your estate.
Your beneficiaries are the people or organizations who receive your property.
They can be the same person—but they do not have to be.
For example, you might name your oldest child as your personal representative while leaving your assets equally to all three of your children.
Or you might name a trusted family member to administer your estate while leaving certain assets to a spouse, children, grandchildren, or charitable organizations.
How Should You Choose the Person Who Will Handle Your Estate?
Choosing an executor is not simply about picking the person you trust most. It is also about considering whether that person is equipped to administer your estate, willing to take on the responsibility, and able to serve under the laws of your state.
Consider whether the person you are choosing is:
Responsible.
Will they follow through on paperwork, deadlines, financial responsibilities, and court requirements?
Organized.
Estate administration can involve a significant amount of documentation and communication.
Financially responsible.
Your personal representative may have access to estate funds and sensitive financial information.
Capable of handling family dynamics.
The person you choose may have to communicate with children, siblings, stepchildren, beneficiaries, and other relatives.
Willing to serve.
Even someone you trust may not want the responsibility of administering an estate.
Name a Backup
Your first choice may die, become incapacitated, move away, or simply decide that they do not want the responsibility.
Naming an alternate personal representative gives your family a plan if your first choice cannot serve.
You may also decide that a professional fiduciary is a better choice, particularly if your estate is complicated, your family relationships are strained, or there is a significant possibility of conflict.
What If Your Family Does Not Agree?
Daveigh Chase's estate demonstrates another potential problem: what happens when family members disagree about who should be in charge?
A dispute over the personal representative can make an already difficult time more complicated.
You cannot always prevent disagreements among family members. But thoughtful planning can reduce the uncertainty surrounding who should take charge.
A well-drafted estate plan can:
Name the person you want to serve
Name a backup in case your first choice cannot serve
Provide instructions for administering your estate
Coordinate your will with trusts and beneficiary designations
Make it easier for your family to understand your wishes
The goal is not to guarantee that no one will ever disagree. The goal is to give your family clear instructions before they have to make difficult decisions themselves.
When Should You Reconsider Who You Have Chosen?
The person you chose years ago may no longer be the right person to handle your estate.
Consider reviewing your choice after major life changes such as:
Marriage or divorce
The death or incapacity of your chosen representative
A significant change in your relationship with that person
Children reaching adulthood
A major change in your financial circumstances
Starting or selling a business
Moving to another state
Creating or changing a trust
Significant changes in your family
Estate planning is not a one-time decision. Your documents should reflect the people you trust and your current circumstances.
If You Died Tomorrow, Would the Person You Chose to Handle Your Estate Be Prepared?
Daveigh Chase's estate dispute raises a question that applies to far more than celebrities:
If you died tomorrow, would your family know who is supposed to take charge and where your estate planning documents are located?
Would they know:
Who your executor or personal representative is?
Who should step in if that person cannot serve?
Where your estate-planning documents are located?
Who your beneficiaries are?
Whether your beneficiary designations and ownership arrangements match your wishes?
What to do if family members disagree?
Estate planning is about more than deciding who receives your property. It is also about making sure the right people are prepared to carry out your wishes when you can no longer do it yourself. That means more than naming them in your documents. Make sure they know where your estate-planning documents are located and how to access the information they will need.
Frequently Asked Questions
Can I choose who will handle my estate?
Yes. A will generally allows you to nominate the person you want to serve as executor or personal representative, subject to the requirements of state law.
What happens if I die without a will?
State law determines who inherits your property and who has priority to serve as the person administering your estate. This can mean that someone other than the person you would have chosen ends up handling your affairs.
Can the person handling my estate also inherit from me?
Yes. Your personal representative can also be a beneficiary of your estate. The roles are separate, even when the same person fills both.
What if my chosen executor lives in another state?
The answer depends on state law. In Alabama, a nonresident named as executor in a will may generally serve, while a nonresident generally cannot be appointed as administrator of an estate without a will.
Your Next Step
Take a few minutes to review your estate plan. Make sure you have named the person you want to handle your estate, named a backup, and told them where your estate-planning documents are located.
If your plan has not been reviewed in several years—or your family or financial circumstances have changed—it may be time to revisit it.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families navigate complex legal matters with confidence.
Disclaimer
This article is intended to provide general information and help you think through important estate planning decisions. It is not legal advice and does not create an attorney-client relationship. Because every situation is different, we encourage you to consult with an experienced estate planning attorney to discuss your specific goals and needs.
Comments