What "Same Power as an Absolute Owner" Means
This is one of the broadest grants of authority in probate law. Once appointed, the personal representative manages all estate assets. They can sell real estate, pay debts, and handle investments without separate court approval.
Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing or order of court.
A.R.S. § 14-3711The phrase "in trust" is the key limit. Every decision must serve the interests of the estate. Creditors get paid, and beneficiaries receive their shares.
Why This Broad Authority Matters for Families
Without this rule, settling an estate could require a court hearing for every transaction. For example, selling a car or closing a bank account would each need judicial approval. This statute removes that bottleneck.
The representative must also handle claims against the estate. They file tax returns and meet all obligations before distributing property.
Accountability Balances the Authority
This authority comes with accountability. If a representative misuses this power, they face personal liability under A.R.S. 14-3712. The freedom to act quickly is balanced by the duty to act responsibly.
The representative has real authority to get things done. They also must manage the estate properly and with transparency.