A Check on the Personal Representative's Spending
A personal representative has broad authority to manage estate assets, hire professionals, and determine their own compensation. But that authority is not unlimited. This statute gives beneficiaries and other interested parties a way to ask the court to review those decisions.
After notice to all interested persons, on petition of an interested person, including any person employed by the personal representative, or on appropriate motion if administration is supervised, the court may review the propriety of employment of any person by the personal representative, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for his own services.
A.R.S. § 14-3721The court can look at three things: whether the personal representative should have hired someone at all, whether that person was paid a reasonable amount, and whether the personal representative's own fees are reasonable. All interested persons must receive notice before the court conducts this review.
The Refund Power
If the court finds that someone was overpaid, it can order that person to return the excess to the estate. This applies to the personal representative, to any employee of the estate, and to any professional hired during administration.
Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refund.
A.R.S. § 14-3721This provision acts as a safeguard for beneficiaries. It ensures that estate funds are used responsibly and that no one profits unreasonably from the administration process. For personal representatives, it reinforces the importance of documenting every hiring decision and keeping compensation in line with what is customary for the work performed.