Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Arizona law, the court appoints a personal representative—often called an administrator—according to a statutory priority list in A.R.S. §14-1204. The general order is surviving spouse, children, parents, siblings, and then more remote heirs. When someone with lower priority seeks appointment over a higher-priority heir, the court must find that the higher-priority heir is unable or unwilling to serve.
A.R.S. §14-1204(E) provides that if a person with priority “declines, renounces, fails to qualify, is disqualified or unable to serve,” the court may appoint the next eligible person. Common grounds include:
- Written Renunciation: The higher-priority heir files a renunciation under A.R.S. §14-1206. Once renounced, the applicant may qualify.
- Failure to Qualify: The heir fails to file the required oath or bond within the time the court sets under A.R.S. §14-1208.
- Disqualification: The heir is legally disqualified (for example, due to incapacity or conflict of interest) under A.R.S. §14-1207.
- Waiver or Consent: The heir voluntarily consents in writing to allow the applicant to serve.
For example, if Jane Doe (the surviving spouse) declines appointment in writing, John Smith (an adult child) may petition the court by filing an application in the probate division of the superior court in the county where the decedent resided. The applicant must:
- File a petition for administration under A.R.S. §14-1202.
- Serve notice on all interested persons, including the higher-priority heir, under A.R.S. §14-1201.
- Provide proof of the heir’s renunciation or proof that the heir failed or is unable to qualify.
- Take the required oath and post bond as specified in A.R.S. §14-1208.
Once the court finds that the higher-priority heir has renounced or is disqualified, it will enter an order appointing the applicant as administrator.
Helpful Hints
- Review the priority list in A.R.S. §14-1204 before filing your petition.
- Obtain a clear written renunciation or consent from the higher-priority heir to avoid contested hearings.
- File your petition in the proper county’s superior court probate division.
- Serve timely notice on all heirs and creditors under A.R.S. §14-1201.
- Ensure you meet qualification requirements: age, residency, and bonding capacity.
- Consult a probate attorney if the higher-priority heir contests your appointment.