Priority Goes to the Named Executor
If the reason for appointing a special administrator is to manage the estate while a will is going through probate, Arizona law gives preference to the person the decedent chose. The executor named in the pending will should be appointed as special administrator, provided they are available and meet the qualifications for service.
If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, and qualified.
A.R.S. § 14-3615(A)This makes sense from a practical standpoint. The decedent trusted that person to handle the estate. Appointing someone else as a temporary placeholder when the named executor is ready and able to serve would create unnecessary confusion and potential conflict.
When Anyone Qualified May Serve
In cases where no will is pending probate, or where the named executor is unavailable or unqualified, the court has broad discretion. Any proper person can be appointed as special administrator.
In other cases, any proper person may be appointed special administrator.
A.R.S. § 14-3615(B)The term "proper person" gives the court flexibility. It might be a family member, a professional fiduciary, or an attorney with experience in estate administration. The court considers the circumstances of the estate and selects someone who can step in quickly and manage things effectively until a general personal representative is appointed.
