General Duties of a Personal Representative

Fiduciary Standards That Mirror Trustee Duties

Arizona does not treat the personal representative role casually. The law holds a personal representative to the same fiduciary duties and accounting standards that apply to trustees. This means acting prudently and keeping detailed records. It also means always putting the interests of heirs first.

The personal representative must settle and distribute the estate under any valid will and state law. The statute emphasizes efficiency. The representative should complete the work as quickly as possible while protecting the estate. Dragging out the process without good reason can expose a representative to personal liability.

Protection for Good-Faith Actions

Arizona law also protects personal representatives who act in good faith. A representative cannot be surcharged for actions that were authorized at the time.

For example, if the representative follows a properly probated will, those distributions are protected. The same applies when distributing intestate assets without knowledge of a pending challenge.

This protection does not remove accountability. The representative still must respect the rights of creditors, the surviving spouse, minor children, and dependent children. Family members and other interested parties can file a petition if they believe the representative is not doing the job.

Standing to Act in Court

A personal representative of a decedent who lived in Arizona has the same legal standing as the decedent had before death. This is essential for collecting debts owed to the estate and defending against claims.

During probate, the representative manages all estate property. This includes real estate, bank account funds, and other probate assets. The representative must manage these assets for the benefit of all who are entitled to share in the distribution.