Moving Forward Without Court Approval
Probate law expects personal representatives to act on their own. There is no need to go before a judge for routine choices.
Paying bills, collecting assets, talking with family, and getting ready to distribute can all happen without a court hearing.
A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this title, to resolve questions concerning the estate or its administration.
A.R.S. § 14-3704The word "expeditiously" matters. The law does not want estates sitting idle after death.
The personal representative has both the authority and the duty to keep things moving.
When Court Involvement Makes Sense
Even though the statute favors independence, it still offers a safety net. Disputes may arise among family members about assets or creditor claims.
In those cases, the representative can bring the issue to court. This is optional, not required.
For example, a disagreement about dividing property can benefit from a court ruling. The same is true for disputes about selling real estate.
The Exception: Supervised Administration
When a court has ordered supervision, the personal representative must follow extra steps. They may need court approval before taking certain actions.
For most estates, informal administration is the norm. This statute gives the personal representative broad authority to act.
Families benefit because the estate can settle faster at lower cost. Fewer court visits mean less time and expense for everyone.
After the decedent died, the personal representative steps into a role of trust. Acting promptly protects the estate's value and helps family members get their shares sooner.