{"id":1707,"date":"2019-10-01T15:28:08","date_gmt":"2019-10-01T15:28:08","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?p=1707"},"modified":"2024-10-04T21:15:31","modified_gmt":"2024-10-04T21:15:31","slug":"who-can-be-executor-of-estate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/who-can-be-executor-of-estate\/","title":{"rendered":"Determining Who Can Be an Executor of an Estate in Arizona"},"content":{"rendered":"
When someone passes away, they\u2019ll need an individual to act on their behalf in settling their estate. Arizona law refers to this individual as the personal representative<\/a>, though many other states use the traditional title of executor<\/a>.<\/p>\n Semantics aside, the personal representative has a very important job. He or she will be tasked with settling the decedent\u2019s estate \u2014 an often 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.<\/p>\n In most cases, the personal representative is named in the decedent\u2019s will<\/a>. If the decedent didn\u2019t 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.\u00a0<\/span><\/p>\n Generally speaking, any legally competent adult can serve as a personal representative in Arizona. It doesn\u2019t matter if the individual is a family member or friend, nor does it make a difference if he or she is a beneficiary to the estate.<\/p>\n In short, the only qualifying factor is whether or not the proposed individual can handle the responsibilities of a personal representative.\u00a0<\/span><\/p>\n Choosing a personal representative is an important decision that shouldn\u2019t be taken lightly.\u00a0<\/span><\/p>\n If you\u2019re considering a personal representative for your own will, you\u2019re generally free to name whomever you please. Most people choose their spouse or adult child, but it\u2019s not unusual to see someone choose an extended family member, close friend, trusted advisor, or attorney.<\/p>\n Some people will say that you shouldn\u2019t nominate a personal representative who is also a beneficiary. While it\u2019s true that such a situation could create a conflict of interest, there are no laws against the practice.\u00a0<\/span><\/p>\n Ultimately it\u2019s about choosing a personal representative that you trust, even if he or she is a beneficiary to your estate.<\/p>\n Estates that aren\u2019t governed by a will are considered intestate<\/a>. In probate court, the judge will appoint a personal representative and distribute the assets according to the state\u2019s intestacy laws (see ARS 14-2102<\/a> and 14-2103<\/a>).<\/p>\n In Arizona, the law dictates the following priority<\/a> for appointing a personal representative:<\/p>\n Note that if the decedent has a trust or other non-probate assets with beneficiaries (retirement accounts, life insurance, joint bank accounts, etc.) the court will prioritize the beneficiaries when appointing a personal representative.<\/p>\n Navigating probate is a complicated process, but it doesn\u2019t have to be. An experienced probate attorney can help you with the following executor-related actions:<\/p>\n Yes, attorneys can serve as the executor of a will. However, due to potential conflicts of interest, it\u2019s generally inadvisable to have the same attorney draft a will and serve as the executor.<\/p>\n Yes. In fact, most executors are also beneficiaries to the estate that they serve, because the executor is usually a surviving spouse or immediate family member.\u00a0<\/span><\/p>\n When a decedent leaves a will that nominates an executor, the court will honor the request unless an interested party successfully contests the appointment. Assuming nobody contests the appointment, the judge will formally appoint the executor when he or she files a motion to open probate.<\/p>\n When a decedent passes away without a will<\/a>, someone will need to request that the court appoint them as the personal representative. This is usually done by the same person who files the motion to open probate, often in the same petition packet (though sometimes it requires a separate motion).<\/p>\n Whether there\u2019s just one person who applies to be the personal representative or several petitioners, the probate judge will consider their merits and appoint the individual who is best qualified for the position.\u00a0<\/span><\/p>\n Yes, the nomination in the decedent\u2019s will is non-binding. Even if the nominee agreed to serve as the executor when the will was signed, they have the right to decline when the decedent passes away.<\/p>\n When this occurs, the judge will either appoint the backup executor listed in the will, consider petitions from interested parties who wish to be appointed, or appoint a neutral third-party administrator.<\/p>\n In most cases there is only one executor or personal representative. Some people choose to nominate a backup executor in case the first choice passes away or declines the appointment, but the backup has no authority until the nominated individual vacates the position.<\/p>\n As the executor liquidates assets, he or she will gather the funds in an estate checking account. The executor is authorized to spend money from this account as it pertains to fulfilling their duties, including:<\/p>\n The executor may also pay themselves a fair wage for their time. If a flat fee or rate isn\u2019t specified in the will, the court will need to approve the compensation.<\/p>\n Whether you\u2019re an existing personal representative looking for direction or a family member who would like to be appointed, it\u2019s best to discuss your situation with an experienced probate attorney<\/a>.\u00a0<\/span><\/p>\n For a small fee, the attorney can offer legal advice and point you in the right direction. If necessary, you can also retain the attorney\u2019s services to represent you and guide you through the probate process.<\/p>\nWho Can Be a Personal Representative in Arizona?<\/h2>\n
Choosing a Personal Representative<\/h2>\n
Appointing a Personal Representative Without a Will<\/h2>\n
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How Working with an Attorney Can Help<\/h2>\n
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FAQs About Who Can Be an Executor of an Estate<\/h2>\n
Q: Can an attorney be the executor of a will?<\/h3>\n
Q: Can an executor of a will be a beneficiary?<\/h3>\n
Q: How do you become an executor of an estate?<\/h3>\n
Q: Can a nominated executor refuse their appointment?<\/h3>\n
Q: Can one executor act alone?<\/h3>\n
Q: Can an executor of a will spend the money?<\/h3>\n
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What to Do if You Need Help Probate in Arizona<\/h2>\n