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A.R.S. § 14-3307

How Informal Appointment of a Personal Representative Works in Arizona

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona allows a personal representative to be appointed through an informal process. At least 120 hours (five days) must pass after the decedent's death. The registrar reviews the application and confirms it meets the requirements. Once appointed, the representative has full authority to act for the estate.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

The 120-Hour Waiting Period

Arizona does not allow an appointment right after a death. The law requires at least 120 hours (five days) to pass before the registrar can act.

This waiting period gives other interested parties time to come forward. In cases involving simultaneous deaths, it ensures survival rules have been resolved.

Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 14-3614, if at least one hundred twenty hours have elapsed since the decedent's death, the registrar, after making the findings required by section 14-3308, shall appoint the applicant subject to qualification and acceptance.

A.R.S. § 14-3307(A)

For nonresident decedents, the waiting period extends to thirty days. This does not apply if the applicant already serves as personal representative in the decedent's home state. It also does not apply if the will directs Arizona law to govern the estate.

Full Authority From the Start

Once appointed, the personal representative holds the full powers and duties of the office. There is no trial period or limited authority.

The appointment can be ended under specific statutory rules, but it cannot be taken back retroactively.

The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment.

A.R.S. § 14-3307(B)

This means the representative can begin gathering assets, paying debts, and managing the estate right away. The informal process is designed to get a responsible person in place quickly.

Whether the estate involves real estate, financial accounts, or other property, the representative can start work without delay.

A. Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 14-3614, if at least one hundred twenty hours have elapsed since the decedent's death, the registrar, after making the findings required by section 14-3308, shall appoint the applicant subject to qualification and acceptance, except that if the decedent was a nonresident the registrar shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant or the decedent's will directs that his estate be subject to the laws of this state. B. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 14-3608 through 14-3612, but is not subject to retroactive vacation.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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