Why a Change in Testacy Does Not End the Appointment
Estate administration does not always follow a straight path. A will might be discovered after an intestate proceeding has already begun. A previously probated will might be replaced by a later one. When that happens, the personal representative already serving does not get removed on the spot.
Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in section 14-3401.
A.R.S. § 14-3612The reasoning is practical. Someone needs to remain in charge of the estate while the new situation is sorted out. Leaving the estate without a responsible party could put assets at risk. The powers may be reduced as otherwise ordered in formal proceedings, but the appointment stays in place.
When the Transition Actually Happens
The existing appointment ends only when a new personal representative is formally appointed. If nobody requests a new appointment within thirty days after the time for appeal has expired, the current representative can ask to continue serving under the new will or the new intestacy determination.
This thirty-day window gives interested parties time to act. If the newly discovered will names a different executor, that person can seek appointment. If nobody steps forward, the current representative carries on.
Practical Impact on Families
For a surviving spouse or other family members, a change in testacy status can be confusing. The estate may have been moving forward under one set of rules, only to shift when a new will surfaces. During this transition, the current representative still handles day-to-day matters like filing tax returns and paying bills.
Families should understand that continuity is protected. Even when the legal basis for the estate changes, the administration does not grind to a halt. The representative keeps working until a proper transition is completed.