Legal Question in Wills and Trusts in Arizona
Appointment of a Personal Representative
If an individual is named as the Personal Representative in the deceased's Will, does the individual still need to go to court to be officially appointed to Personal Representative?
2 Answers from Attorneys
Re: Appointment of a Personal Representative
Yes. You will need to file the original will with the court, the court will determine whether the will is valid, determine whether a bond is required, and officially appoint the personal representative. A person nominated as personal representative in the will has no authority until he or she receives a document called Letters of Personal Representative from the Court. You may contact me by email if you have further questions.
Re: Appointment of a Personal Representative
Yes, the PR has no authority whatsoever to act for the estate until the court orders the appointment, and the PR accepts the responsibility, and may be required to post a bond.
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