The Duty to Take Possession
A personal representative is not just authorized to take control of estate property. They are required to do so. This includes collecting bank accounts, securing personal property, and managing real estate until the estate is ready for distribution.
Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration.
A.R.S. § 14-3709(A)There is a practical exception built in. Real property and tangible personal property can stay with the person who is expected to inherit it. This remains the case as long as the personal representative does not need it for administration. If the representative later decides they do need possession, their request is treated as conclusive evidence that possession is necessary.
When Someone Is Suspected of Hiding Assets
The law takes concealed estate assets seriously. If a personal representative or any interested person suspects that someone is hiding property, documents, or information, they can file a sworn complaint with the court. The court can then compel that person to appear and testify under oath.
The personal representative should review bank accounts, investment accounts, bank statements, and tax returns to identify all assets. Safe deposit boxes and other storage locations should be checked. These steps help uncover hidden assets and undisclosed assets that might otherwise go unaccounted for.
If on examination or from other evidence adduced at the hearing it appears that a person has concealed, embezzled, conveyed or disposed of any property of a decedent, or possesses or has knowledge of deeds, bonds, contracts or other writings tending to disclose the right, interest or claim of a decedent to any property, or the will of a decedent, the court may order that person to turn over the documents or disclose knowledge to the personal representative.
A.R.S. § 14-3709(D)The consequences are significant. A person who refuses to appear or answer questions can be held in contempt and jailed until they comply. If the court finds that someone concealed or embezzled estate property, it can order return of the property plus damages equal to double its value. Reasonable attorney fees and costs may also be awarded.
These strong remedies reflect how seriously the law treats estate litigation involving concealed property. Families dealing with suspected undisclosed assets should know that the court has effective tools to investigate and recover what belongs to the estate.