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A.R.S. § 14-3715

Transactions a Personal Representative Is Authorized to Make

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona law gives personal representatives a detailed list of twenty specific powers for managing estate property. These include retaining assets, selling or acquiring property, managing real estate, borrowing money, settling debts, and handling investments. The representative can exercise these powers without court approval unless the will or a formal court order 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 provides the personal representative with a comprehensive set of authorized transactions, covering everything from retaining the deceased person's existing assets to subdividing land, entering leases, and compromising 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 personal representative must act "reasonably for the benefit of the interested persons." And the will or a court order can restrict any of these powers. But absent those limitations, the representative has broad latitude to manage estate affairs efficiently.

Key Powers That Come Up Most Often

Among the twenty enumerated powers, several come into play in nearly every estate. The representative can retain assets the deceased owned, even if those assets would not qualify as a prudent trust investment. They can sell property at public or private sale, for cash or on credit. They can perform contracts the deceased entered into, including real estate purchase agreements. And they can borrow money using estate assets as security when needed to protect the estate.

The statute also addresses charitable pledges. A personal representative can honor the deceased person's written charitable commitments, even if the pledge was not legally binding, as long as the representative believes the deceased would have wanted it fulfilled.

For families, this list means the personal representative does not need to seek court approval for routine management decisions. The authority is already built into the law. What the representative does need is good judgment, careful record-keeping, and a clear focus on what the estate and its beneficiaries actually 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 in this or another state, for cash or on credit and at public or private sale and manage, develop, improve, exchange, partition, change the character of or abandon an estate asset. 7. Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing or erect new party walls or buildings. 8. Subdivide, develop or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations or dedicate easements to public use without consideration. 9. Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration. 10. Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement. 11. Abandon property when, in the opinion of the personal representative, it is valueless, is so encumbered, or is in condition that it is of no benefit to the estate. 12. Vote stocks or other securities in person or by general or limited proxy. 13. Pay calls, assessments and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims. 14. Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held. 15. Insure the assets of the estate against damage, loss and liability and himself against liability as to third persons. 16. Borrow money with or without security to be repaid from the estate assets or otherwise, and advance money for the protection of the estate. 17. Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien. 18. Pay taxes, assessments, compensation of the personal representative and other expenses incident to the administration of the estate. 19. Sell or exercise stock subscription or conversion rights, and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise. 20. Allocate items of income or expense to either estate income or principal, as permitted or provided by law.
View on azleg.gov

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.

Related Questions

How is real estate managed during trust administration or probate in Arizona?

If property is in a trust, the successor trustee can manage it immediately. If it goes through probate, the personal representative must wait for court authority. Either way, mortgage, taxes, insurance, and maintenance obligations continue.

What is probate, and how long does it take in Arizona?

Probate is a court-supervised process that validates a will, pays debts, and distributes assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000 in fees.

How do I prepare my successor trustee to manage my estate?

Create a binder or digital folder listing financial accounts, professional advisors, document locations, bill payment details, and contacts. Your trustee should not have to guess their way through your estate.

Related Statutes

§ 14-3101How Property Passes at Death Under Arizona Probate Law
§ 14-3102Why a Will Must Be Probated to Transfer Property in Arizona
§ 14-3103Why a Personal Representative Must Be Appointed in Arizona Probate
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