Why a Change in Testacy Does Not End the Appointment Immediately
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 A previously probated will might be superseded by a later one.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the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder,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, even briefly, could put assets at risk.
When the Transition Actually Happens
The existing appointment terminates only when a new personal representative is formally appointed through the proper proceedings. 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 has the opportunity to seek appointment. If nobody steps forward, continuity is preserved and the current representative carries on with whatever authority applies under the changed circumstances.
