Legal Question in Wills and Trusts in Arizona

The person petitioning the probate court for appointment as Personal Representative (executor) of the estate and for probate of the Will, must file the original of the Will with the court. The probate court appoints the PR by its order. If the original cannot be located, there is a process to have a copy accepted for probate. The trustee of a trust has authority only over the assets of the trust and is controlled by the trust agreement.

The trustee is not the executor or personal representative of the probate estate (assets owned by the decedent at the date of his/her death).