Skip to main content
Skip to explanation
A.R.S. § 14-1105

Court Remedies for Unreasonable Conduct in Arizona Estate and Trust Proceedings

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Sometimes unreasonable behavior forces an estate, trust, ward, or protected person to pay unnecessary fees. Courts can order the responsible party to cover those costs. This statute gives courts the power to shift fees onto bad actors and their attorneys.

Title 14, GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURTS

azleg.gov

When Bad Behavior Creates Unnecessary Costs

Estate and trust disputes can escalate quickly. Sometimes a party or their attorney runs up fees without any real purpose.

A.R.S. 14-1105 gives courts a direct remedy. If unreasonable conduct causes fees, the court can order the responsible person to pay back the estate or trust. This also applies to a ward or protected person.

If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the decedent's estate or trust for some or all of the fees and expenses as the court deems just under the circumstances.

A.R.S. § 14-1105(A)

The court can hold both the individual and their attorney responsible. This is unusual in Arizona law, where most fee-shifting statutes target only one side.

When the court finds unreasonable conduct, it can impose costs on either or both parties.

Protection Extends to Guardianship and Conservatorship Cases

This rule is not limited to estate and trust matters. Subsection B applies the same standard to guardianship and conservatorship cases in Arizona probate court.

If unreasonable conduct forces a ward or protected person to spend money on fees, the court can act. As a result, it shifts those costs to the responsible party.

A personal representative, trustee, guardian ad litem, or other fiduciary can seek these remedies. The statute covers accountants, attorneys, physicians, psychologists, registered nurses, and expert witnesses.

These remedies are cumulative. They do not replace other civil remedies or legal rules. They add another layer of protection against bad-faith conduct that drains key assets.

A. If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the decedent's estate or trust for some or all of the fees and expenses as the court deems just under the circumstances. B. In a guardianship or conservatorship case, if the court finds that a ward or protected person has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the ward or protected person for some or all of the fees and expenses as the court deems just under the circumstances. C. The remedies allowed pursuant to this section are in addition to any other civil remedy or any other provision of law. The remedies allowed pursuant to this section may be invoked to mitigate the financial burden on a ward, protected person, decedent's estate or trust incurred as a result of unjustified court proceedings or unreasonable or excessive demands made on a fiduciary, fiduciary's attorney, court-appointed attorney, guardian ad litem or representative. D. For the purposes of this section: 1. "Court-appointed attorney" means an attorney appointed pursuant to section 14-5303, subsection C, section 14-5310, subsection C, section 14-5401.01, subsection C or section 14-5407, subsection B. 2. "Fiduciary" means an agent under a durable power of attorney, an agent under a health care power of attorney, a guardian, a conservator, a personal representative, a trustee or a guardian ad litem. 3. "Person who engaged in the conduct" includes a fiduciary, an attorney or a guardian ad litem. 4. "Professional" means an accountant, an attorney, a fiduciary, a physician, a psychologist, a registered nurse, a guardian ad litem or an expert witness. 5. "Professional fees or expenses" include...
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

How much does probate cost in Arizona?

Probate in Arizona typically costs $10,000 to $15,000 for a standard estate, including court fees, attorney fees, appraisals, and accounting. Contested estates cost significantly more.

How do guardianship and conservatorship proceedings work in Arizona?

Both require filing with the Arizona Superior Court, medical evidence of incapacity, and a judge's approval at a court hearing. The process takes months and costs thousands. Powers of attorney accomplish the same goals without court involvement.

How do probate attorney fees and retainers work in Arizona?

Probate attorneys in Arizona require a retainer of $1,000 to $5,000 or more upfront. Family members pay out of pocket because estate assets are frozen until the court grants authority. The total cost of probate typically runs $10,000 to $15,000.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570