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A.R.S. § 14-3915

Distributing to a Disabled Beneficiary

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

Some probate heirs cannot legally manage their own affairs. When that happens, the personal representative does not hand them their share directly. Instead, it goes to a conservator or another person the law allows to receive it.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

How Distribution Works for a Protected Heir

Not every heir can handle assets on their own. A beneficiary might be a minor or have a conservator. They may also be under another form of legal protection.

In those cases, the personal representative gives the assets to the person allowed to receive them.

A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this title or otherwise to give a valid receipt and discharge for the distribution.

A.R.S. § 14-3915

This means the personal representative meets their duty by giving assets to the conservator or other approved person. Once that person signs a valid receipt, the personal representative has no further duty.

Why This Matters for Estate Settlement

Without this rule, a personal representative could face a tough spot. They might hold assets with no end in sight because the heir cannot legally accept them.

This statute clears up that problem. As a result, the personal representative has a clear path to finish the payout and close the estate.

For families helping a loved one with a disability, this rule is key. In Arizona, special needs trusts often hold the heir's share. This protects assets while keeping benefit eligibility intact.

A direct payout from an estate could end public benefits like Medicaid. A special needs trust avoids that risk. The trust holds and manages the funds so the heir keeps their quality of life.

Planning ahead makes a big difference. Without it, the probate court must figure out how to handle the payout. That can slow things down and raise costs.

A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this title or otherwise to give a valid receipt and discharge for the distribution.

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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