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Less than half of Americans have written a will outlining how they want their assets distributed after their death, according to a recent Gallup poll. Wills simplify the process of closing out an estate and ensuring assets pass to heirs swiftly by naming a personal representative, or executor, to oversee the process.

But what happens if a person dies without a will? In these cases, their assets get divided according to Arizona intestate succession laws. The estate goes to probate court, which supervises the process for settling debts and distributing assets. The court appoints someone — usually a family member — to serve as the personal representative and take over the duties of managing the estate.

If you wish to become the personal representative of an estate without a will, you must file a petition with the court in the county where the deceased lived. Only certain people can qualify to serve as an executor, so it’s important to learn your eligibility and an executor’s responsibilities before initiating the process. Contact the experienced probate attorneys at Pennington Law, PLLC to learn more. The first consultation is free.

Who Can Be Appointed as a Personal Representative (Executor)?

Under Arizona law, the court follows a priority list when appointing an executor when there is no will. When no surviving spouse exists, an adult child is often the next choice to serve as the personal representative. However, if no adult children are available or capable of serving, the court may choose other close relatives, such as parents or siblings.

Dying without a will can lead to unexpected legal problems. For example, family members might disagree over who should serve as the person representative. In these cases, the court has the authority to appoint a personal representative without the unanimous consent of all family members.

How to Petition to Become an Executor

To petition to become an executor of an estate without a will in Arizona, you’ll need to:

  • Determine your eligibility – Arizona mandates that you must be over 18 and be the next family member in line to manage the estate. Determining eligibility can be challenging, especially in cases of blended families with step-children to consider. A qualified probate attorney can help identify where you fall in the order of priority for your family.
  • Consult with other potential personal representatives – If other family members can serve as personal representatives, they must sign a waiver of appointment agreeing for you to be the executor. For example, if you have siblings eligible to manage your parent’s estate, they must waive their right to be the personal representative. Once everyone signs the waiver, you must provide them with a Notice of Appointment.
  • File the petition – After securing the signed waivers, file the petition with the Superior Court in the county where your loved one passed. The petition must be completed within 120 hours of the person’s passing and filed no later than two years after death. When you file the petition, you’ll need supporting documents like the official death certificate and the filing fee.

Key Duties of a Personal Representative

Once appointed, you’ll be responsible for several tasks during probate. First, you must identify all assets, value them, and list everything on an inventory form to submit to the court. Bank accounts, personal property, real estate, and any assets not solely owned must go through probate. Any assets without beneficiary designations, such as retirement accounts and life insurance policies, must also be probated.

You must also notify creditors that your loved one has passed so they can file claims against the estate to collect money on any leftover debts. You will also be responsible for handling any necessary legal issues against the estate, filing required tax returns, and paying any debts and taxes.

Once all affairs are settled, you can distribute the remaining assets to beneficiaries. Finally, you’ll file a petition to close the estate and formally end the probate process.

Challenges You Might Face as an Executor

Before taking on the role of personal representative, you must honestly ask yourself whether you are the best person for the job. You will have a legal and ethical obligation to handle the estate effectively. You must follow state laws to distribute assets, which can get complicated if multiple heirs or unclear family relationships exist. Family disputes are also common during probate, adding emotional stress, court costs, and delays to the process.

On the practical side, managing debts and taxes can be challenging if the deceased’s financial records are disorganized or if identifying creditors is difficult. You may also need to track down unknown assets or manage complex ones, like a business or real estate holdings, which can add another layer of difficulty. Some people may feel unequipped to handle these responsibilities. Before making a decision, it’s worthwhile to consult a probate attorney to ensure you understand your responsibilities.

Do Executors Get Paid for Managing an Estate Without a Will?

While fees paid to the executor of a will are usually outlined in the will itself, executors can be paid for managing an estate without a will. Compensation is typically based on the estate’s size and complexity. If you’re appointed executor, the court can determine an appropriate fee, or your family may agree on a reasonable amount.

What Happens If No One Wants to Serve as the Personal Representative?

Suppose none of your family members are willing or able to serve as the personal representative. In that case, the court will appoint a public fiduciary as the personal representative for your loved one’s estate. They handle the probate process, including paying debts and taxes and distributing the estate according to state laws. Fees for the public fiduciary are generally paid out of the estate’s assets.

When to Seek Legal Assistance

If you’ve lost a loved one who didn’t have a will in place, it’s crucial to consult an experienced probate attorney before petitioning to become the personal representative. A lawyer can help you complete the paperwork correctly and guide you through the Arizona probate process. They can also offer advice for any legal challenges, such as disputes over rightful heirs or conflicts regarding asset distribution, and represent you in any probate proceedings.

Need Legal Advice About Serving as an Executor? Contact Our Lawyers Today

Pennington Law, PLLC is a leading Arizona law firm focused on estate planning, probate, estate litigation, estate administration, and wealth management. We bring integrity, excellence, and knowledge to every case we take. No matter the size of the estate or the challenges you may be facing, you can rest assured that your case is in good hands.
Let our experienced probate lawyers help you decide whether becoming a personal representative is right for you. Contact Pennington Law, PLLC today for a free consultation.