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A.R.S. § 14-3608

When a Representative's Role Ends

Verified April 4, 202657th Legislature, 1st Regular Session

When a personal representative's role ends, they lose authority to act for the estate. Termination does not erase liability for anything that happened during the appointment. The representative must still preserve assets and deliver them to a successor.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

What Termination Actually Means

Ending a personal representative's appointment is not a clean break. It stops the authority that comes with the office, but it leaves certain duties in place.

The representative can no longer make decisions for the estate. They also cannot represent it in legal proceedings. Yet they remain liable for anything they did (or failed to do) while serving.

Termination ends the right and power pertaining to the office of personal representative as conferred by this title or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative.

A.R.S. § 14-3608

There is one narrow exception. Even after termination, the representative can still take steps to protect the estate and hand assets to a successor.

This prevents a gap in estate protection during the transition.

Accountability Survives the Appointment

Termination does not free a personal representative from liability for actions or omissions during their time in office. If they mishandled funds or failed to meet their fiduciary duties, the court can still hold them accountable.

The representative also retains a duty to preserve any estate assets still under their control. They must account for those assets as well.

Interested parties can still bring claims. The court keeps jurisdiction over the former representative.

Changing a personal representative does not erase the record. The outgoing representative must account for everything and deliver assets to whoever takes over.

14-3608. Termination of appointment; general Termination of appointment of a personal representative occurs as indicated in sections 14-3609 through 14-3612. Termination ends the right and power pertaining to the office of personal representative as conferred by this title or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding.

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.

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