When someone passes away in Arizona, their estate must be handled according to state law. This process often involves appointing a personal representative. The personal representative, sometimes called an executor, is responsible for managing the estate, paying debts, and distributing property. At LifePlan Legal AZ, we work with clients throughout Mesa to help them understand who can legally and practically take on this role. Our Mesa, AZ estate administration lawyer can go over your legal options when you contact us today!
General Qualifications Under Arizona Law
Arizona law sets certain requirements for someone to serve as a personal representative. The person must be at least 18 years old and of sound mind. They do not need to live in Arizona, although being located nearby can help with practical tasks like collecting assets, meeting deadlines, or attending court.
A person who has been convicted of a felony is not allowed to serve unless the court believes their involvement will not put the estate at risk. In contested cases, the court may consider additional factors before approving someone’s appointment.
Who Has Priority To Serve
Arizona law provides an order of priority when selecting a personal representative. If the deceased left a valid will, the person named in the will usually has the first right to serve. If that person is unwilling or unable, the court may appoint someone else who is next in line.
If there is no will, the surviving spouse has priority, followed by adult children, then other family members. If no family member is able or willing to act, the court may appoint a third party such as a professional fiduciary. We help families work through these situations, especially when multiple people are interested or disputes arise. Our team can help you choose a representative or trustee.
Responsibilities Of The Position
Serving as a personal representative is not just a title—it comes with real duties. The person must gather the deceased’s assets, notify creditors, pay any debts or taxes owed, and distribute the remaining property to heirs or beneficiaries. They may also need to manage ongoing responsibilities such as selling a home or closing financial accounts.
Because the personal representative acts under court supervision, they must follow the law carefully. Mistakes can cause delays or legal problems. That’s why we recommend working with legal counsel throughout the process. Our team has helped thousands of families and businesses through different estate administration processes. During our first strategy session, we’ll go over the details your estate to determine your exact needs.
Can More Than One Person Serve
Yes, more than one person can be appointed as co-personal representatives if the will says so or if the court agrees. However, this can sometimes lead to disagreements or delays, especially if the people appointed do not work well together. We help clients consider whether a joint appointment is practical based on the situation.
Let’s Talk About Your Options
Choosing or serving as a personal representative is a serious responsibility. If you’ve been named in a will or are involved in settling an estate, we’re here to guide you through each step. Contact LifePlan Legal AZ today to talk with our team to determine your options!