Legal Question in Wills and Trusts in Arizona

Re: Executor

In the new, more modern court language, the executor is now known as the Personal Representative of the Estate. If a person dies without a Will, then state law lists who has priority for appointment, however, there may be more than one person with the same priority, and then the Judge decides who should be appointed, that is the person best able to serve and protect the estate and the heirs of the decedent.

The personal representative owes a fiduciary duty to the heirs, creditors, tax agencies and claimants.

If there is no Will appointing a PR, then both you and his daughter could petition the court for appointment and the judge will decide who is best to serve. If the decedent left a Will, there is an appointment of PR in the will and the court will give weight to that person, but may still appoint someone else if good cause is presented to the court. So, in either case, you can petition the court for appointment as PR.

Each individual can make his own will and appoint the person that they want to serve as PR. Also, you may nominate in the will a person to serve as your guardian and conservator, in the event that a court should decide that you need one.