Can a Mother-in-Law Open an Estate and Serve as Personal Representative in Arizona?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney before making legal decisions.
Detailed Answer
Under Arizona law, the court appoints a personal representative (sometimes called an executor) to administer a decedent’s estate. If the decedent left a valid will, the court generally honors the nominee in the will. If not, Arizona’s intestacy statutes establish a priority list for appointment.
Arizona Revised Statutes § 14-1203 lays out the order of preference:
- Spouse
- Children and descendants of deceased children
- Grandchildren and their descendants
- Parents
- Siblings
- Nephews and nieces
- Grandparents and their descendants
- Other heirs
Mother-in-law is not included among the first seven categories. In-laws are not heirs by blood or adoption, so they do not qualify unless all higher-priority individuals either waive their right or are unavailable.
If the decedent’s will expressly names you as personal representative, the court will generally appoint you regardless of your relationship by marriage. See Arizona Revised Statutes § 14-1204: ARS 14-1204.
If there is no will and all higher-priority persons decline or cannot serve, the court may consider “other heirs.” In-laws typically do not qualify as “heirs” under § 14-1203, unless a statute or court finds a special circumstance. In rare cases, the court may appoint a special administrator under Arizona Revised Statutes § 14-3971 to preserve assets even if you don’t qualify as personal representative: ARS 14-3971.
Key Takeaways
- Arizona law prioritizes blood relatives and spouses for appointment.
- A mother-in-law cannot serve as personal representative if closer heirs exist.
- A named executor in a valid will generally prevails over relationship rules.
- Special administrators may be appointed in emergencies or to protect assets.
Helpful Hints
- Review the will carefully. If you’re named executor, gather a certified death certificate and file for probate in the correct county.
- Check the heirship list under ARS 14-1203 before petitioning.
- Obtain waivers from higher-priority heirs if they agree not to serve.
- Consider a small-estate affidavit for estates under $100,000 to avoid full probate.
- Consult the probate clerk’s office for local procedures and forms.
- Seek legal advice early to avoid delays and ensure proper asset distribution.