Choosing the Right Personal Representative for Your Will

In Arizona, a personal representative is the person you name in your will to manage your estate after you’ve passed on. This person, also known as an executor, is responsible for ensuring that your wishes are carried out according to your will and in compliance with the law. The role can be demanding, requiring attention to detail, integrity and the ability to navigate complex financial and legal matters. Thus, choosing the right person is one of the most important estate planning decisions you can make.

A personal representative’s duties include collecting and managing assets, paying debts and taxes and distributing the remaining property to your heirs or to other beneficiaries you have named. The role may also involve settling claims of creditors, resolving disputes among beneficiaries, maintaining accurate records and even selling property if necessary. Because of the extensive duties and the trust placed in this person, it is critical to select someone who is up to the task.

While Arizona law permits any legally competent individual to serve as an executor, the right choice isn’t just about legal qualification. There are certain qualities that are important for this role, such as:

1. Trustworthiness — Your personal representative will have access to your assets and sensitive financial information. A trustworthy executor is less likely to mismanage funds or show favoritism among beneficiaries and will be diligent in fulfilling your wishes.
2. Organizational skills — A good personal representative should be exceptionally organized, capable of managing records, maintaining accurate inventories and keeping track of multiple tasks over an extended period, often months to years.
3. Financial acumen — A basic understanding of financial matters is invaluable. They may need to make decisions about investments, settlements or the sale of assets and will be required to prepare tax filings and final statements.
4. Availability to serve — Serving as a personal representative can be time-consuming, labor intensive and stressful. It is possible that by the time you die, the person named might have moved out of the state, have been too aged to serve or possibly have died. Naming a substitute in the will can prepare for such contingencies.

Remember that the probate court has the ultimate authority to appoint your personal representative. If your nominee is for whatever reason found unsuitable or unavailable, the court can appoint from several categories of individuals. Arizona Revised Statutes § 14-3203 provides for choosing among your surviving spouse (whether or not a beneficiary), other beneficiaries in the will and your other heirs. If none of the above are qualified or willing, any creditor or the public fiduciary can be appointed.

When deciding on a personal representative, take the time to speak candidly with potential candidates about the duties involved to make sure they’re willing and able to serve your interests when the time comes. A skilled estate planning attorney can help you choose a personal representative who is best able to manage your estate smoothly, minimizing the risk of conflicts, errors or delays. 

Jeffrey P. Hall, PLLC, with offices in Phoenix, Peoria, and Chandler, assists Arizonans with meeting estate planning objectives. To schedule your free initial consultation, call me at 480-409-5174 or contact me online.