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A.R.S. § 14-3604

How the Bond Amount Is Set for a Personal Representative in Arizona

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

When a bond is required, the personal representative must estimate the value of the estate's personal property, real estate (less debts secured by it), and expected income for the coming year. The bond amount is based on that total estimate, though it can be reduced if certain assets are restricted or deposited with the court.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Calculating the Bond Amount

The bond is not a flat fee. It is tied directly to the value of the estate the personal representative will be handling. Before the court approves the appointment, the representative files a sworn statement estimating the value of all personal property, real estate (minus any mortgages or liens), and the income the estate is expected to generate in the next year.

The person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent, real estate, less encumbrances thereon and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate.

A.R.S. § 14-3604(A)

This means larger estates require larger bonds. The bonding company charges a premium based on the bond amount, and that premium is paid from estate funds. For sizable estates, the cost can be significant.

Ways to Reduce the Bond

Arizona law offers practical ways to lower the bond amount. If the personal representative deposits estate assets with the court clerk or a domestic financial institution in a way that prevents unauthorized access, the court can reduce the bond by the value of those deposited assets. The bond can also be reduced by the value of real estate if the letters of appointment include a restriction requiring court confirmation before any sale of real property.

On petition, the court can also excuse the bond requirement entirely, increase or reduce the amount, release existing sureties, or allow a substitute bond with different sureties. This flexibility lets the court balance protection for beneficiaries with practical administration costs.

If a surety wants out of the arrangement, they can apply to the court for release. The personal representative then receives a citation to provide new security. If the representative fails to post a replacement bond within a reasonable time, the court can revoke their appointment entirely.

14-3604. Bond amount; security; procedure; reduction A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent, real estate, less encumbrances thereon and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate provided, however, that said bond may be reduced by the amount of any real estate, less encumbrances thereon, if the letters issued to the personal representative contain the restriction that sales of real property by the personal representative are subject to court confirmation. The registrar shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property or other adequate security. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with the clerk of the court or a domestic financial institution, as defined in section 14-6101, in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties. B. When a surety of a personal representative desires to be released from responsibility for future acts, he may apply to the court for a release. The court shall cause a citation to be issued to the personal representative, requiring him to appear at a time and place therein specified, and to give other security. Notice shall be given to the personal representative as provided in section 14-3602. If new security is given and approved by the judge he may thereupon order that the surety who applied for release shall not be liable on his bond for any subsequent act, default or misconduct of the personal representative. If the personal representative neglects or refuses to give new and sufficient security on the return of the citation, or within such reasonable time as the judge allows, unless the surety making the application consents to an extension of time, the court shall revoke the letters.
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

What is probate, and how long does it take in Arizona?

Probate is a court-supervised process that validates a will, pays debts, and distributes assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000 in fees.

How much does probate cost in Arizona?

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

Related Statutes

§ 14-3101How Property Passes at Death Under Arizona Probate Law
§ 14-3102Why a Will Must Be Probated to Transfer Property in Arizona
§ 14-3103Why a Personal Representative Must Be Appointed in Arizona Probate
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