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A.R.S. § 14-3722

How Court-Appointed Professionals Get Paid in Arizona Probate

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

When a probate court appoints an investigator, accountant, or lawyer, those professionals are entitled to reasonable compensation. The court may charge the estate for these services. If the estate cannot cover the cost, the court pays and may seek reimbursement later.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Who Pays for Court-Appointed Help

Probate cases sometimes need outside expertise. For example, a court may appoint an investigator to look into disputed claims. It may also appoint an accountant or a lawyer to help with the case.

Under Arizona law, those professionals earn reasonable pay from the estate of the deceased person.

If not otherwise compensated for services rendered, an investigator, accountant or lawyer appointed pursuant to this article is entitled to reasonable compensation from the estate of the decedent.

A.R.S. § 14-3722(A)

The court decides what counts as "reasonable." Attorney fees and other professional costs can add up fast during probate.

If the court pays the provider directly, it may charge the estate for that cost. It then deposits the recovered funds into the probate fund under A.R.S. 14-5433.

When the Estate Cannot Cover the Cost

Not every estate has enough assets to pay for appointed professionals. When the estate cannot cover the cost, the court itself pays.

The county may also pay from general fund money. It can later seek to get paid back from the estate if assets become available.

Notwithstanding subsection A of this section, if compensation by the estate is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator, accountant or lawyer appointed in a probate administration proceeding.

A.R.S. § 14-3722(B)

As a result, the court never withholds needed professional help just because an estate lacks liquid funds. These costs reduce the amount distributed to heirs.

A personal representative should know how long probate can take in Arizona. Understanding what fees may arise helps with planning.

14-3722. Compensation of appointees A. If not otherwise compensated for services rendered, an investigator, accountant or lawyer appointed pursuant to this article is entitled to reasonable compensation from the estate of the decedent. If the court compensates the provider of a service the court may charge the estate for the reasonable cost of the service and shall deposit these monies in the probate fund pursuant to section 14-5433. B. Notwithstanding subsection A of this section, if compensation by the estate is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator, accountant or lawyer appointed in a probate administration proceeding. C. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.

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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