Legal Question in Wills and Trusts in Arizona

if 3 siblings are the surviving relatives, the deceased died intestate in Arizona, is it possible to appoint a power of attorney to handle the probate?


Asked on 2/14/11, 6:35 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

No, the court appoints a Personal Representative of the Estate and it is that person's fiduciary duty to gather up the assets, pay the bills, costs, taxes and claims, and then distribute the Estate according to law, to the heirs. Anyone can petition the court for appointment, however, relatives generally have priority over others. The 3 siblings could agree who they want to petition the court for appointment. The Personal Rep is entitled to have legal counsel to lead him/her through the process and advise the PR, all at the expense of the estate.

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Answered on 2/14/11, 8:41 pm


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