Picking Up Where Someone Left Off
Estate administration does not always go smoothly from start to finish. A personal representative might pass away, become incapacitated, resign, or be removed by the court. When that happens, someone new steps in under the probate code. This statute makes the transition straightforward. The successor personal representative receives the full scope of authority needed to wrap up the estate.
A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the personal representative named in the will.
A.R.S. § 14-3716The phrase "as expeditiously as possible" matters. The successor must move efficiently. There is no grace period for getting up to speed. The estate's beneficiaries are already waiting, and the court expects progress.
The Exception for Personal Powers
Some wills grant specific powers to a named individual. For example, a will might give the original personal representative sole discretion to distribute family heirlooms. It might also let that person manage a particular business interest. If the will makes a power personal to that individual, the successor cannot exercise it.
Everything else transfers in full. That includes the duty to pay debts, file taxes, manage assets, and distribute property to beneficiaries.
This is one reason thoughtful estate planning matters. If a will relies heavily on personal powers granted to a single individual, a successor stepping in may face limits. Those limits can slow down or complicate the process. Working with experienced estate planning counsel to structure the will carefully can avoid that gap.