Brother v. Brother

OPINION

BIRDSALL, Judge.

This appeal is from an order of the probate court appointing the appellee as personal representative of the decedent. The order was based upon a finding that the appellee was the surviving spouse of the decedent and therefore had priority over the appellant, an heir,1 for appointment as personal representative. A.R.S. § 14-3203(A).

The decedent and the appellee were married on May 8, 1978. That marriage was dissolved by a decree of dissolution entered on April 18, 1979. Almost eight months *537later, on December 11, 1979, the decedent and the appellee jointly petitioned for…