What the Public Fiduciary Can Charge
When a public fiduciary manages an estate, the costs do not come out of thin air. The law gives the public fiduciary a direct claim against the decedent estate or the ward's estate for three categories of expenses.
The public fiduciary has a claim for all of the following against the estate of the ward, protected person or decedent: 1. Reasonable expenses incurred in the execution of the guardianship, conservatorship or public administration. 2. Compensation for the fiduciary's services and the fiduciary's attorney that the court in which the accounts are settled deems just and reasonable.
A.R.S. § 14-5604(A)(1)-(2)The first two categories are straightforward. The public fiduciary recovers actual expenses and receives compensation approved by the court. The third category is an annual assessment in lieu of posting a bond.
The Annual Assessment in Lieu of Bond
Instead of requiring the public fiduciary to post a surety bond for each case, the law allows an annual assessment of twenty-five dollars plus one-quarter of one percent of any estate value exceeding ten thousand dollars. There is an important exception. This assessment cannot be taken from a ward or protected person who is eligible for Supplemental Security Income (SSI) benefits, or who would be eligible if not in a public institution.
All fees collected go to the county treasurer and are deposited in the county general fund. The court reviews these fees during the accounting process. This provides oversight to ensure the charges remain just and reasonable.
These costs illustrate one of the practical advantages of advance planning. A named trustee or agent under a power of attorney typically serves without the same layered fee structure. The process also avoids ongoing court supervision altogether. In a decedent estate managed by the public fiduciary, understanding these fees helps families know what to expect.