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A.R.S. § 14-3715

Authorized Estate Transactions

Verified April 4, 202657th Legislature, 1st Regular Session

The law gives personal representatives twenty specific powers for managing estate property. These include retaining assets, selling property, and settling debts. The representative can use these powers without court approval unless the will says otherwise.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

A Practical Toolkit for Estate Administration

Settling an estate involves dozens of financial and property decisions. This statute gives the personal representative a detailed set of tools. These cover retaining assets, managing real estate, entering leases, and settling debts.

Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 14-3902, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

A.R.S. § 14-3715

The opening language sets the boundaries. The representative must act reasonably for the benefit of interested persons. The will or a court order can restrict any of these powers.

Key Powers That Come Up Most Often

Several of the twenty listed powers come into play in nearly every estate. The representative can retain assets the deceased owned. They can also sell property at public or private sale.

They can perform contracts the deceased entered into. They can borrow money using estate assets as security. As a result, the representative manages investments, pays taxes, and protects the estate's value.

Charitable Pledges and Other Duties

The statute also addresses charitable pledges. A representative can honor the deceased person's written charitable commitments. This applies even if the pledge was not legally binding.

For families, this list means no court approval is needed for routine decisions. The representative needs good judgment and careful record-keeping. Their focus should be on what the estate and its beneficiaries need.

Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 14-3902, a personal representative, acting reasonably for the benefit of the interested persons, may properly: 1. Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment. 2. Receive assets from fiduciaries or other sources. 3. Perform, compromise or refuse performance of the decedent's contracts that continue as obligations of the estate, as he may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may either: (a) Execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land. (b) Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement. 4. Satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances. 5. If funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including monies received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements or other prudent investments which would be reasonable for use by trustees generally. 6. Acquire or dispose of an asset, including land ...

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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