Overview of Personal Representatives Under Arizona Law

In Arizona, a personal representative (sometimes called an executor or administrator) carries out a decedent’s final wishes and settles the estate. Arizona Revised Statutes (A.R.S.) Title 14 governs probate and estate administration. This guide explains who qualifies, how to apply, and key deadlines.

Who Can Serve as a Personal Representative?

Under A.R.S. § 14-301, individuals who may serve include:

• Individuals named in the will.
• Surviving spouses.
• Heirs by intestate succession.
• Other qualified residents if no closer family exists.

Link to statute: A.R.S. § 14-301.

Step-by-Step Application Process

1. File a Petition for Letters

You begin by filing a Petition for Letters of Personal Representative with the Superior Court clerk in the decedent’s county (A.R.S. § 14-311). The petition must include:

• Decedent’s name, date of death, and residence.
• Your name, address, and relationship to the decedent.
• Copy of the will (if one exists).
• Estimated value of the estate’s assets.

Link to statute: A.R.S. § 14-311.

2. Provide Notice to Interested Parties

After filing, you must notify heirs and beneficiaries. You also publish notice of appointment once a week for three consecutive weeks in a local newspaper (A.R.S. § 14-5302). This alerts creditors to submit claims.

Link to statute: A.R.S. § 14-5302.

3. Post a Bond (If Required)

The court may require a bond to protect estate assets (A.R.S. § 14-3085). The bond amount typically equals the estate’s value. The court can waive bond if the will expressly exempts the personal representative.

Link to statute: A.R.S. § 14-3085.

4. Appointment and Issuance of Letters

If no valid objections arise at the hearing (or if none is requested), the court appoints you and issues Letters of Personal Representative. These letters grant legal authority to manage and distribute estate assets.

Key Timelines & Deadlines

• Filing Petition: Immediately after death. No strict deadline, but delay can complicate creditor claims.
• Notice to Creditors: Publish within 30 days after obtaining letters. Creditors then have four months from first publication to file claims (A.R.S. § 14-3804).
• Inventory and Appraisement: File within 90 days after appointment (A.R.S. § 14-3701).
• Final Accounting: Typically within 12 months, unless the court orders otherwise (A.R.S. § 14-3911).

Link to inventory statute: A.R.S. § 14-3701.

Link to creditor notice statute: A.R.S. § 14-3804.

Helpful Hints

• Consult the local probate court’s website for filing fees and forms.
• Gather copies of marriage certificates, death certificates, and property deeds before filing.
• Keep detailed records of all notices, filings, and financial transactions.
• Consider hiring a probate paralegal or attorney if the estate is complex.
• Notify the Social Security Administration and IRS of the decedent’s death promptly.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.