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A.R.S. § 14-5110

Claim Deadline: Guardianship Fees

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

Attorneys and guardians ad litem must submit their pay claims within four months. If they miss that window, the claim is waived. This deadline protects ward estates from open-ended billing.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

The Four-Month Filing Window

Arizona sets a firm deadline on professionals seeking payment from a ward's estate. Unless a court grants an extension in advance, attorneys and guardians ad litem must submit their pay claims in writing within four months.

The clock starts from the later of several possible dates. These include when the service was performed, when the cost came up, or when the fiduciary was first appointed.

A claim for compensation by attorneys or guardians ad litem who intend to be paid by the ward or protected person's estate is waived if not submitted to the fiduciary in writing within four months after either rendering the service, incurring the cost, initial appointment of the fiduciary or the effective date of this section, whichever is later.

A.R.S. § 14-5110(A)

A claim counts as submitted when it is delivered, mailed, or sent electronically to the fiduciary. If a substitute fiduciary is appointed later, that does not restart the four-month period. The deadline runs from the original event.

What This Deadline Does Not Cover

This statute does not apply to attorneys working under contingency fee agreements. In those cases, the attorney collects a share of a recovery rather than billing hourly.

The term "compensation" covers more than just fees. It includes costs and expenses that can be paid back. The "estate" here includes any estate under Title 14, except trusts. The exception is a court-supervised trust where the ward is a beneficiary.

For families in a guardianship or conservatorship, this deadline is a key safeguard. Professionals cannot sit on unpaid invoices and then present a large bill months or years later.

A. In a guardianship, conservatorship or protective proceeding, unless a later claim deadline is established in advance by the court, a claim for compensation by attorneys or guardians ad litem who intend to be paid by the ward or protected person's estate is waived if not submitted to the fiduciary in writing within four months after either rendering the service, incurring the cost, initial appointment of the fiduciary or the effective date of this section, whichever is later. A claim is deemed submitted on delivery, mailing or electronic transmission to the fiduciary. A subsequent appointment of a substitute fiduciary does not renew the claim period. B. This section does not apply to an attorney seeking compensation based on a contingency fee agreement. C. For the purposes of this section: 1. "Compensation" includes fees, costs and reimbursable expenses. 2. "Estate" includes any estate established pursuant to this title except a trust unless the trust is supervised by the court and the ward or protected person is a beneficiary.

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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