{"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":"2022-08-24T21:00:45","modified_gmt":"2022-08-24T21:00:45","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":"

Introduction<\/h2>\n

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. 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

Who Can Be a Personal Representative in Arizona?<\/h2>\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

[wps_calltoaction style=”default” border=”none” title=”Need to speak with an Estate Planning attorney? ” align=”center” background=”#dfbf90″ color=”#000000″ radius=”5″ button_text=”Contact Us Now” url=”https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/post-contact-form\/” target=”self” button_background=”#365335″ button_color=”#ffffff” button_radius=”5″]Get in touch with us today![\/wps_calltoaction]<\/p>\n

Choosing a Personal Representative<\/h2>\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

Appointing a Personal Representative Without a Will<\/h2>\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

    \n
  1. The surviving spouse<\/li>\n
  2. Legal heirs (children, grandchildren, extended family)<\/li>\n
  3. The Department of Veterans Services (if applicable)<\/li>\n
  4. Creditors (45 days after the death of the decedent)<\/li>\n
  5. The public fiduciary<\/li>\n<\/ol>\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

    How Working with an Attorney Can Help<\/h2>\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