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A.R.S. § 14-3703

General Duties of a Personal Representative

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

A personal representative is a fiduciary held to the same standards as a trustee. This means acting in the best interests of the estate. The representative must settle and distribute assets under the will and state law as quickly as possible. The representative also has standing to sue and be sued on behalf of the estate.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

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.

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 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.

A. 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 personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this title, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by this title, the terms of the will, if any, and any order in proceedings to which the personal representative is a party for the best interests of successors to the estate. B. A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor children, any dependent children and any pretermitted child of the decedent as described elsewhere in this title. C. Except as to proceedings that do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
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.

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