When someone passes away in Arizona, they’ll need someone to act on their behalf to handle their estate. Arizona law refers to this individual as the personal representative, although some other states use the traditional title of executor.
The personal representative for a probate estate in Arizona, is responsible for settling the decedent’s estate, which can be a complex process that involves taking an inventory of assets, selling assets for fair market value, settling debts and bills, and transferring the remaining assets to beneficiaries.
In most cases, the personal representative is named in the decedent’s will. If the decedent didn’t leave a will, the will is invalidated, or the nominated personal representative is successfully contested, the court will appoint a personal representative to handle the estate. This can be a difficult process for the Arizona probate court as they will have to take into consideration the decedent’s wishes and the qualifications and abilities of the proposed personal representative.
When it comes to choosing a personal representative, it’s important to consider the qualifications and responsibilities of the role.
Requirements for serving as a personal representative in Arizona
Your personal representative must be:
Legally competent and over the age of 18
The surviving spouse of the decedent
An adult child of the decedent
A parent of the decedent
A brother or sister of the decedent
A person entitled to property of the decedent
A person who was named as personal representative by will, or
You are a creditor and 45 days have gone by since the person died.
Willing and able to take on the responsibilities of the role
Not disqualified by law, such as being a convicted felon or being under a legal incapacitation
Willing to provide a bond, if required by the court
Willing to take an oath and be sworn in by the court
Willing to file the necessary paperwork and attend court hearings as needed
Willing to work with an attorney, if necessary, to ensure the probate process is handled correctly
It’s also important to choose an executor who is responsible, organized, and has good communication skills. The personal representative will be responsible for managing the assets of the estate in Arizona, paying bills and debts, and distributing assets to the beneficiaries. They will also be responsible for filing the necessary paperwork with the court and working with attorneys, if necessary. It’s important to choose someone you trust and who has the time and ability to handle these responsibilities.
It’s worth noting that if the executor is unable or unwilling to serve, then the Arizona probate court can appoint a different personal representative. The court will consider the decedent’s wishes, as well as the qualifications and abilities of the proposed personal representative, in making its decision. Additionally, if the executor is a beneficiary of the estate, it may create a conflict of interest, but there are no laws against it.
In summary, serving as a personal representative in Arizona, is a significant responsibility. It’s important to choose a personal representative who is legally competent and over 18 years of age, willing and able to take on the responsibilities of the role, not disqualified by law, and willing to provide a bond if required by the court. It’s important to choose someone you trust, who has the time and ability to handle the responsibilities of the role, and who will act in the best interest of all beneficiaries of the estate.
Before accepting the role as a personal representative of an estate, its advisable to consult with an attorney who specializes in probate and estate law in Arizona for guidance.