Who Has Priority to Serve as Personal Representative in Arizona

14-3203. Priority among persons seeking appointment as personal representative A. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: 1. The person with priority as determined by a probated will including a person nominated by a power conferred in a will. 2. The surviving spouse of the decedent who is a devisee of the decedent. 3. Other devisees of the decedent. 4. The surviving spouse of the decedent. 5. Other heirs of the decedent. 6. If the decedent was a veteran or the spouse or child of a veteran, the department of veterans' services. 7. Forty-five days after the death of the decedent, any creditor, except a funeral director or funeral establishment owner who has control of the decedent's remains. 8. The public fiduciary. B. An objection to an appointment can be made only in formal proceedings. C. A person entitled to letters under subsection A, paragraphs 2 through 5 of this section and a person who is at least fourteen years of age who would be entitled to letters but for the person's age may nominate a qualified person to act as personal representative. D. Conservators of the estates of protected persons, or if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person, may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment. E. Formal proceedings are required to appoint a personal representative in any of the following situations: 1. If there is a person with a higher order of priority who has not renounced or waived the person's right. 2. If a priority is shared by two or more persons and one or more has not renounced or concurred. 3. If appointment is sought for a person who does not have any priority under this section. F. A person is not qualified to serve as a personal representative who is: 1. Under the age of majority as defined in section 1-215. 2. A person whom the court finds unsuitable in formal proceedings. 3. A foreign corporation. G. A personal representative appointed by a court of the decedent's domicile has priority over all other persons except if the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. H. This section governs priority for appointment of a successor personal representative but does not apply to the selection of a special administrator.