Who to select as an executor or trustee is one of the most important decisions you’ll make when creating a will or trust in Arizona. This person (or institution) will be responsible for handling your estate, honoring your wishes, and managing your assets either after your death or, in some cases, during your lifetime.
Whether you’re drafting a last will and testament or creating a revocable living trust, the person you choose must be capable, trustworthy, and legally qualified under Arizona law.
Here’s what you need to know to make a well-informed choice—plus the relevant legal requirements and citations from Arizona statutes.
What’s the Difference Between an Executor and a Trustee?
- Executor (or Personal Representative): The person you name in your will to manage your estate after death. Their role includes filing the will with the probate court, settling debts, and distributing assets.
- Trustee: The person or institution who manages the assets in your trust—both during your lifetime (if you become incapacitated) and after your death, according to the terms of your trust.
Legal Requirements to Serve in Arizona
Executor (Personal Representative) Requirements
Under A.R.S. § 14-3203, the personal representative must:
- Be at least 18 years old
- Be of sound mind
- Not be a felon (unless approved by the court)
- Be a U.S. resident, or if not, the court may require bond or other conditions
Priority order for appointment (if not specified in a valid will) is also set by law.
Trustee Requirements
There are no specific statutory qualifications under Arizona law for serving as a trustee, unless the trust itself imposes them. However, the trustee must:
- Be capable of managing property and financial affairs
- Follow fiduciary duties under A.R.S. § 14-10801 to § 14-10901
- Act in good faith, loyally, and prudently in managing the trust assets
A trustee can be:
- An individual
- A professional fiduciary
- A corporate trustee (such as a bank or trust company)
What to Look for in an Executor or Trustee
Trustworthiness
This is the most important quality. You’re handing over significant legal and financial responsibility—choose someone who is honest, responsible, and likely to carry out your wishes.
Organizational Skills
Your executor or trustee must:
- Manage paperwork
- Communicate with beneficiaries
- Coordinate with attorneys, accountants, and financial institutions
Financial Competence
They don’t need to be financial experts, but should understand basic financial principles and know when to ask for professional help.
Impartiality (especially for blended families)
In some cases, naming a neutral third party—such as a professional fiduciary or trust company—can reduce conflict among beneficiaries.
Location
While Arizona doesn’t prohibit non-resident executors or trustees, it’s usually easier to appoint someone who lives in the U.S. and is familiar with Arizona’s legal and tax systems.
Can I Name More Than One Person?
Yes. You can name co-executors or co-trustees, but it’s important to consider:
- Can they work well together?
- Do they agree on your values and goals?
- Do you want one person to act alone if the other can’t?
You should also name successor executors or trustees, in case your first choice is unable or unwilling to serve.
Fiduciary Duties Under Arizona Law
Arizona law imposes strict fiduciary duties on executors and trustees, including:
- Duty of loyalty – must act in the best interests of the estate or trust beneficiaries (A.R.S. § 14-10802)
- Duty of care – must manage assets prudently and responsibly (A.R.S. § 14-10804)
- Duty to inform and report – must keep beneficiaries reasonably informed (A.R.S. § 14-10813)
Violating these duties can result in legal liability for the fiduciary
Should You Name a Professional or Corporate Trustee?
You may want to consider hiring a professional fiduciary or trust company if:
- Your estate is large or complex
- You have a blended family or potential conflicts among heirs
- You want to ensure consistent, neutral, and legally compliant administration
Professional trustees charge a fee but often provide expertise and reduce family tension.
Final Thoughts
Selecting the right executor or trustee for your Arizona estate plan is just as important as writing the will or trust itself. Choose someone who is:
- Legally qualified under Arizona law
- Trustworthy and competent
- Willing and able to serve when the time comes
And don’t forget to discuss your decision with the person you’re appointing—make sure they understand their responsibilities and are willing to take them on.
Need help getting started? An Arizona estate planning attorney can guide you through your options and help you select the best person (or institution) for the job.
Legal References:
- Arizona Revised Statutes Title 14 (Trusts, Estates and Protective Proceedings):
- A.R.S. § 14-3203 – Appointment of Personal Representative
- A.R.S. § 14-10801 through § 14-10901 – Duties and powers of trustees under the Uniform Trust Code
Let me know if you’d like a free executor/trustee selection checklist or discussion guide to use with your family.