Who Can be Appointed Personal Representative of an Arizona Probate?

Arizona probate law provides that the following persons who are not disqualified may be appointed as personal representative of a testate or an intestate estate (regardless of whether the probate is formal or informal) in the following order of priority:

1. the person with priority as determined by a probated Will, including a person nominated by a power conferred in a Will.
2. the surviving spouse of the decedent who is a devisee of the decedent.
3. other devisees of the decedent.
4. the surviving spouse of the decedent.
5. other heirs of the decedent.
6. if the decedent was a veteran, the department of veterans’ services.
7. any creditor of the decedent after 45 days after the death of the decedent.
8. the public fiduciary.
9. A.R.S. § 14-3203.A.  A person is not qualified to serve as a personal representative if the person is:

1. under the age of eighteen.
2. a person whom the court finds unsuitable in formal proceedings.
3. a foreign corporation.

A formal probate is required to appoint a personal representative in any of the following situations:

1. if there is a person with a higher order of priority who has not renounced or waived the person’s right by appropriate writing filed with the court.
2. if a priority is shared by two or more persons, as devisees or as heirs and one or more of them has not renounced or concurred in nominating the person whose appointment is applied for.
3. if appointment is sought for a person who does not have any priority the court shall determine that those having priority do not object to the appointment, and that administration is necessary.