The Priority Order for Appointment
Not just anyone can step in and manage a deceased person's estate. The probate process establishes a ranked list, and the court follows it whether the proceeding is formal or informal.
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.
A.R.S. § 14-3203(A)(1)-(5)The person nominated in the will has the highest priority. If the will does not name anyone, or that person is unable or unwilling to serve, the surviving spouse who is also a devisee comes next. Other devisees, the surviving spouse generally, and then other heirs follow. If none of those individuals are available, the department of veterans' services (for veterans), creditors (after 45 days), and the public fiduciary fill the remaining positions.
When Priority Can Be Overridden
Priority for appointment is not absolute. In formal proceedings, the court can set aside the default order under certain circumstances. If the estate appears unable to cover anticipated debts, creditors may petition for a different appointment.
Anyone with an interest in the estate can raise objections. If an heir or devisee objects to the surviving spouse, and the court finds the spouse unsuitable, a different appointment can be made. The court may appoint someone acceptable to the majority of interested parties.
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.
A.R.S. § 14-3203(F)Anyone entitled to priority under positions two through five may also nominate a qualified person to serve in their place. This flexibility helps families choose someone practical for the role, even if that person would not otherwise have priority.
How Priority Affects Families
For families dealing with real property, real estate investments, or other valuable assets, choosing the right personal representative matters. The person appointed will manage, sell, or distribute those assets during the probate process.
Disputes over priority can delay the entire administration. When family members disagree about who should serve, the court may need to hold formal proceedings. This adds time and cost to settling the estate.
Planning ahead by naming a personal representative in a will avoids many of these conflicts. It removes uncertainty and gives the named person clear priority from the start. Families benefit when the decedent's wishes are documented before the need arises.