No Authority Without Appointment
Being named in a will as the executor does not automatically give someone the power to act. In Arizona, a personal representative must be formally appointed by either a court order or a statement from the registrar. The person must also qualify and receive letters of appointment. Until those letters are issued, the estate's administration has not officially begun.
Except as otherwise provided in chapter 4 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person shall be appointed by order of the court or statement of the registrar, shall qualify and shall be issued letters. Administration of an estate is commenced by the issuance of letters.
A.R.S. § 14-3103This requirement protects the estate and its beneficiaries. Without a formal appointment process, anyone could claim authority over a deceased person's assets. The letters serve as official proof that the personal representative has been vetted and authorized to act.
What This Means in Practice
Banks, title companies, and other institutions will ask to see letters before releasing assets or allowing transactions. If a family member tries to manage the estate without letters, they will likely be turned away. The appointment process, whether through informal or formal probate, gives the personal representative the legal standing to collect assets, pay debts, and distribute property to beneficiaries.
The exception referenced in the statute relates to small estates that qualify for simplified procedures under chapter 4. For estates that meet Arizona's small estate thresholds, a small estate affidavit may be used instead of a full appointment process.