When a Personal Representative Can Claw Back Transfers
Sometimes a person transfers property before death to hide assets from creditors. This can involve a bank account, real estate, or other valuable property. This statute gives the recovery power to one person: the personal representative.
The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors and subject to prior liens. The right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
A.R.S. § 14-3710(A)No individual creditor can pursue this property alone. The personal representative acts for all interested parties. As a result, recovered assets go back into the estate for proper distribution.
What Triggers the Recovery Action
The personal representative must pursue recovery when the estate has a shortfall. This means the estate lacks enough assets to cover unsecured debts. If the deceased made fraudulent or voidable transfers, the representative must file a legal action.
When there is a deficiency of assets in custody of a personal representative, and decedent in his lifetime has conveyed or transferred property, or any rights or interests therein, with intent to defraud creditors, or to avoid a right, debt or duty of any person, or has conveyed or transferred the property so that the conveyance or transfer by law is void or voidable as against creditors, the personal representative shall commence and prosecute an action for the recovery of the property for the benefit of the creditors.
A.R.S. § 14-3710(B)There is a practical safeguard here. The representative does not have to bring a lawsuit unless creditors help pay the costs. They may also provide security for the expenses instead.
Once recovered, the property goes back into the estate. The estate treats it like any other asset for paying debts. These rules apply whether or not there is a will.