When a Co-Representative Drops Out
Estate administration can take months or even years. During that time, a co-representative might pass away, resign, become incapacitated, or be removed by the court. This statute ensures the process does not grind to a halt when that happens.
Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-personal representatives is not appointed, those appointed may exercise all the powers incident to the office.
A.R.S. § 14-3718The practical effect is simple: if you started with three co-representatives and one leaves, the remaining two can keep going with the same authority all three had. No new court order is needed to confirm their powers.
When a Nominee Never Serves
Sometimes a will names two people as co-representatives, but one declines or is unable to serve from the start. Under this statute, the person who does get appointed steps into the role with full authority. There is no diminished version of the job just because the co-representative position went unfilled.
This rule works well as a default, but it is not absolute. A will can override it by requiring that a replacement be appointed before the remaining representative can act alone. Families who have strong preferences about shared oversight should make sure the will addresses this directly with the help of experienced estate planning counsel.