Detailed Answer
When a will names a particular person to serve as the decedent’s personal representative (commonly called an executor) that person has the first right to serve. However, a named executor can refuse. Under Arizona law, if the named executor declines or is otherwise unavailable, the court will appoint another qualified person to act as personal representative. You can ask the probate court to appoint you following the procedure below.
Key points to know
- The named executor has priority but may renounce the appointment in writing.
- An alternate named in the will (if there is one) is next in line.
- If the will names no alternate or the alternate also refuses, an interested person can petition the court for appointment.
- The probate process and appointment rules are governed by Arizona’s probate statutes (Title 14) and handled in the superior court in the county where the decedent lived. See Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14.
Practical step-by-step process
- Confirm the will and the named executor. Locate the original will and check whether it names an alternate executor and whether it contains a bond waiver or other directions about appointment.
- Ask the named executor to renounce formally. If your sibling will not serve, ask them to sign a written renunciation (sometimes called a written waiver or declination). A signed renunciation simplifies the court process because the court can show that the person with priority voluntarily declined.
- Prepare and file a petition for probate and appointment. File a Petition for Probate and Appointment of Personal Representative in the Arizona Superior Court in the county where your parent lived when they died. Attach the original will (if one exists) and a certified copy of the death certificate. The court clerk can provide the proper local forms and filing requirements — Arizona Judicial Branch probate self-help guidance is here: https://www.azcourts.gov/selfservice/Probate.
- Provide notice to heirs and interested parties. Arizona law requires notice to heirs, devisees, and certain other interested persons. The court will advise who must be served and how to provide notice.
- Attend the appointment hearing (if required). The court may set a hearing. If there is no opposition and paperwork is in order, the court will issue Letters Testamentary (if there was a will) or Letters of Administration (if not), appointing the personal representative.
- Bond and qualifications. The court may require a bond unless the will expressly waives bond. The personal representative must be competent and not legally disqualified (for example, some convictions or conflicts could bar appointment). The court has discretion if multiple people ask to serve.
What if your sibling objects or changes their mind?
If the sibling initially refuses but later objects to your appointment, the court will resolve appointment disputes under Arizona probate procedures. Objecting parties can file a formal objection; the court will consider factors such as the decedent’s wishes, the fitness of each candidate to serve, and any conflicts. If an interested person contests your appointment, consider hiring a probate attorney to represent you.
When probate might be unnecessary
If the estate is small or assets transfer outside probate (joint accounts, payable-on-death designations, certain transfers), full probate may not be required. Arizona provides simplified procedures and small-estate processes in some situations — check with the county probate clerk or the Arizona courts’ probate self-help pages for thresholds and forms: https://www.azcourts.gov/selfservice/Probate.
Where the law is written
Arizona’s probate rules and statutes about appointment of personal representatives appear in Arizona Revised Statutes, Title 14 (Trusts, Estates, and Protective Proceedings). See: https://www.azleg.gov/arsDetail/?title=14.
Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Arizona probate attorney or contact the probate clerk in the county where your parent lived.
Helpful Hints
- Locate the original will immediately and keep it in a safe place; the court needs the original document.
- Request a written renunciation from the named executor; a signed renunciation speeds the process.
- Get multiple certified copies of the death certificate early — many institutions will request them.
- Visit or call the county superior court probate clerk’s office to get local filing instructions and forms.
- Ask whether the will contains a bond waiver; a waiver can avoid the cost and delay of a bond.
- If you expect disputes, consider speaking with a probate attorney before filing; some attorneys offer limited-scope help for specific tasks.
- Keep clear records and receipts once you serve as personal representative; Arizona requires accounting and fiduciary duties for estate administration.
- Check whether estate assets pass outside probate (joint tenancy, trusts, beneficiary designations) to avoid unnecessary probate work.