What Does an Executor of a Will Actually Do?
Short Answer
A Personal Representative (the Arizona term for an Executor) has three main jobs: find the assets, pay the valid bills, and distribute what remains to the beneficiaries under the Will and Arizona law.
It is a serious legal responsibility.
A Personal Representative is not allowed to simply keep the estate money.
In Arizona, an Executor is called a Personal Representative.
The Personal Representative has three important jobs.
Job 1: Find the Assets
The first job is to find and protect the deceased person's assets.
This may include bank accounts, investments, real estate, and personal belongings.
Not everything goes through probate. Some assets pass automatically to a surviving owner or named beneficiary.
Job 2: Pay the Bills
The second job is to pay the estate's valid debts, expenses, and taxes.
Sometimes there is plenty of cash.
Other times, the Personal Representative may need to sell property to pay the bills.
If the estate has more debts than assets, there may be nothing left for the beneficiaries.
Job 3: Distribute the Inheritance
After paying the necessary expenses, the Personal Representative distributes the remaining assets according to the Will and Arizona law.
Here is a simple example:
| Estate Calculation | Amount |
|---|---|
| Total estate | $100,000 |
| Bills and expenses | −$20,000 |
| Remaining inheritance | $80,000 |
| Four equal beneficiaries | $20,000 each |
The Bottom Line
The Personal Representative's job is to manage the estate, pay the bills, and distribute the inheritance.
It is a job with serious responsibilities—not a license to take the money.
Arizona Law: A.R.S. § 14-3706
Frequently Asked Questions About Personal Representatives in Arizona
Does everything go through probate in Arizona?
No. Some assets pass automatically to a surviving owner or to a named beneficiary, so they are generally not part of the probate estate. Bank accounts, life insurance, and retirement accounts with a named beneficiary are common examples. Arizona also has simplified procedures for some smaller estates.
Arizona Law: A.R.S. § 14-6101; A.R.S. § 14-3971.
What happens if the estate has more debts than assets?
Arizona law sets an order of priority for paying claims when the estate cannot pay them all. Costs of administration come first, followed by funeral expenses, certain debts and taxes that have legal preference, last illness medical expenses, and then other claims. If the estate runs out of money, the beneficiaries may receive nothing.
Arizona Law: A.R.S. § 14-3805.
Is a Personal Representative allowed to keep the estate money?
No. A Personal Representative is a fiduciary and must settle the estate and distribute it according to the Will and Arizona law. A Personal Representative is entitled to reasonable compensation for their services, but that is very different from keeping the estate money. If a Personal Representative breaches that duty, the court can hold the Personal Representative liable for the resulting loss.
Arizona Law: A.R.S. § 14-3703; A.R.S. § 14-3719; A.R.S. § 14-3712.
Does a Personal Representative have to make a list of the estate assets?
Yes, in most cases. Within 90 days after appointment, a Personal Representative generally must prepare an inventory of the property the deceased person owned at death, with the fair market value of each item. The inventory can be filed with the court or sent to the heirs or beneficiaries, depending on the situation.
Arizona Law: A.R.S. § 14-3706.
Questions About Probate or Choosing a Personal Representative?
If you have questions about a Personal Representative, probate, or choosing the right person to manage your estate, the Law Office of Ilene L. McCauley, Ltd. can help you understand your options under Arizona law.
Related Arizona Estate Planning Information
For additional information about Arizona probate and estate planning, you may also want to read:
About Ilene L. McCauley
Ilene L. McCauley, Esq. is a Scottsdale, Arizona estate planning, probate, and tax attorney who has practiced law in Arizona since 1982. She helps individuals and families throughout Arizona address estate planning, incapacity, probate, trust administration, and related family planning concerns. Ilene has been a Certified Specialist in Taxation recognized by the Arizona Board of Legal Specialization since 1983.
Disclaimer
Ilene L. McCauley is licensed to practice law in the State of Arizona. Ilene L. McCauley, Ltd. provides legal services for clients in the State of Arizona. The information provided in this article is general and educational in nature and should not be construed as legal, tax or medical advice. Reading this article or using this website does not create an attorney and client relationship. Federal and state laws and regulations are complex and subject to change. Consult qualified Arizona legal and medical professionals regarding your individual circumstances.