When serving a deceased person's matter, who may be served?

When serving a deceased person's matter, who may be served?

• A. The spouse only
• B. The attorney general
• C. The public defender
• D. The personal representative or heir, or as allowed by law

Answer: (D)

When a person has died, service of process for that person’s matter is directed at someone who can represent the decedent’s interests, not at the decedent themselves. The person who can receive service is the personal representative of the estate—an executor or administrator appointed to handle the decedent’s affairs. If there isn’t one yet, or the rules permit, service may go to an heir or another party authorized by law to act for the estate. This ensures there is someone who can respond and defend or address the claims on behalf of the deceased. The other options don’t fit because they describe roles that aren’t designated to receive service in most civil matters involving a deceased person. The attorney general and the public defender are government or defense roles, not generally the appropriate recipients for a deceased’s civil case unless the state itself is a party or a specific legal rule applies. The spouse might be involved in certain situations, but only if they are the estate’s representative or otherwise legally authorized. The correct rule is to serve the personal representative or an heir, or as allowed by law, because that keeps the service valid and ensures the case can proceed.

When a person has died, service of process for that person’s matter is directed at someone who can represent the decedent’s interests, not at the decedent themselves. The person who can receive service is the personal representative of the estate—an executor or administrator appointed to handle the decedent’s affairs. If there isn’t one yet, or the rules permit, service may go to an heir or another party authorized by law to act for the estate. This ensures there is someone who can respond and defend or address the claims on behalf of the deceased.

The other options don’t fit because they describe roles that aren’t designated to receive service in most civil matters involving a deceased person. The attorney general and the public defender are government or defense roles, not generally the appropriate recipients for a deceased’s civil case unless the state itself is a party or a specific legal rule applies. The spouse might be involved in certain situations, but only if they are the estate’s representative or otherwise legally authorized. The correct rule is to serve the personal representative or an heir, or as allowed by law, because that keeps the service valid and ensures the case can proceed.