Q: Hello, do I have to make a "Letter of Appointment of Executor", for my dads estate if a will has been made?

A: The Letters of Appointment or Letters of Personal Representative, as they are called in AZ, are issued by the court when the will is submitted to probate. This is done only after the death of the person. Having a will naming you as personal representative and gifting the assets to you is the first step. When you father passes, you may have to file for probate to get the Letters. There are other methods if your dad's estate is deemed to be a small estate at the time he passes.

A: Your Dad should, at a minimum, have a Will that is validly executed. The Will should nominate a person to serve as personal representative upon your Dad's death. Letters Testimentary appointing a personal representative are not issued by the Court until a probate is opened after your Dad's death. However, if you do a good job of planning, a probate should not be needed. It is sometimes possible to use a combination of a Will, a beneficiary deed, payable on death accounts, etc., to eliminate the need for a probate. I recommend that you speak with an estate planning attorney as a part of your planning. Once your estate planning lawyer knows all the facts, he or she can let you know what you can do now to make your job simpler upon your Dad's death. A small amount of planning now can make a big difference in time and cost later. Don't forget to ask your attorney about Powers of Attorney for business matters and also for healthcare. Your Dad may benefit from an advance healthcare directive or Living Will as well. These instruments will help you care for your Dad during his lifetime.