Fiduciary Standards That Mirror Trustee Duties
Arizona does not treat the personal representative role casually. The law holds a personal representative to the same care and accounting standards that apply to trustees. That means acting prudently, keeping detailed records, and always prioritizing the interests of the people who stand to inherit.
Except as provided in the will of the decedent, a personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by sections 14-10804 and 14-10806 and the duties of accounting applicable to trustees as provided in section 14-10813, subsection C.
A.R.S. § 14-3703(A)The personal representative must settle and distribute the estate according to any valid will and Arizona's probate code. The statute emphasizes efficiency: the work should be done "as expeditiously and efficiently as is consistent with the best interests of the estate." Dragging out administration without good reason can expose a representative to liability.
Protection for Good-Faith Actions
Arizona law also protects personal representatives who act in good faith. A representative cannot be surcharged (held financially liable) for actions that were authorized at the time they were taken. If the representative follows a properly probated will or distributes intestate assets without knowledge of a pending challenge, those distributions are protected.
This protection does not eliminate accountability. The representative still must respect the rights of creditors, the surviving spouse, minor children, dependent children, and any pretermitted child. But it does mean that a personal representative who follows proper procedures and exercises reasonable judgment is shielded from second-guessing after the fact.
Standing to Act in Court
A personal representative of a decedent who was domiciled in Arizona has the same legal standing to sue and be sued as the decedent had immediately before death. This is essential for collecting debts owed to the estate, defending against claims, and resolving legal matters that were pending at the time of death.