Statutory Duties of Personal Representatives of an Arizona Probate
by Arizona probate attorney and former CPA Richard C. Keyt who provides the dedicated legal counsel necessary to streamline the probate process, resolve disputes, and ensure the final wishes of your loved one are honored with precision. Ricky and his father have 316 5-star Google reviews and 433 5-star Google, Facebook & Birdeye reviews. Call, email, or book a free office, phone or Zoom video meeting with Ricky. Call or email him at 480-664-7472 & rck@keytlaw.com.
Personal Representative's Duties
The court just appointed you personal representative of a loved one's estate. Most people see that as an honor and a chore. Arizona law sees something else: a fiduciary who can be held personally liable — with their own money — for mistakes made while settling the estate.
Before you collect a single asset or write a single check, you need to know the six statutory duties every Arizona personal representative owes, the two deadlines that start running the day you are appointed, and what happens if you get them wrong.
The personal representative's liability risk from breach of duty is the number one reason people should not do a do-it-yourself Arizona probate and should hire an experienced Arizona probate lawyer to represent the personal representative.
Your Clock Starts the Day You Are Appointed
Two of your duties come with hard deadlines measured from the date of your appointment. Miss them and you have already breached your duty to the heirs.
Mail or deliver notice of your appointment under A.R.S. § 14-3705.
Protect assets, pay taxes, update the inventory and settle the estate efficiently.
The 6 Statutory Duties of an Arizona Personal Representative
Each duty below starts with a plain-English explanation, followed by the exact words of the Arizona statute so you can see what the law actually requires.
You Are Personally Liable for Breaches of Duty
In plain English: If you use your powers improperly, the heirs and beneficiaries can sue you personally for any loss the estate suffers. You are held to the same standard as the trustee of a trust — and “I didn't know” is not a defense.
“If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust.”
Act as a Fiduciary & Settle the Estate Per the Will
In plain English: Unless the will says otherwise, you must meet the same standards of care and accounting that Arizona imposes on trustees. You must follow the will and Arizona law, settle the estate as quickly and efficiently as the estate's best interests allow, and always act for the benefit of the people who inherit — never for yourself.
“Except as provided in the will of the decedent, a personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by Sections 14-10804 and 14-10806 and the duties of accounting applicable to trustees as provided in Section 14-10813, subsection C. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this title, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by this title, the terms of the will, if any, and any order in proceedings to which the personal representative is a party for the best interests of successors to the estate.”
Notify the Heirs & Devisees Within 30 Days
In plain English: Within 30 days of your appointment you must deliver or mail (first class) a notice to every heir and devisee whose address you can reasonably find. The notice must give your name and address, say it is going to people who have or may have an interest in the estate, state whether a bond was filed, and identify the court where the estate's papers are filed.
“Not later than thirty days after appointment every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information shall be delivered or sent by first class mail to each of the heirs and devisees whose address is reasonably available to the personal representative. If appointment is made in a formal proceeding, information under this section need not be given to persons given notice of the formal proceeding. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether a bond has been filed and describe the court where papers relating to the estate are on file. The personal representative's failure to give this information is a breach of the personal representative's duty to the persons concerned but does not affect the validity of the appointment or the personal representative's powers or other duties. A personal representative may inform other persons of the appointment by delivery or first class mail. The personal representative shall comply with the provisions of title 43, chapter 13.”
Prepare & File an Inventory Within 90 Days
In plain English: Within 90 days of your appointment you must list everything the decedent owned at death, in reasonable detail. For each item you must show its fair market value on the date of death, whether it is community or separate property, and any debt or lien against it.
You then have a choice: file the inventory with the court and send copies to anyone who asks, or skip filing it and instead deliver or mail a copy to every heir (no will) or devisee (will probated) and to any other interested person who asks for one.
“A. Within ninety days after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, its nature as community or separate property and the type and amount of any encumbrance that may exist with reference to any item.
B. The personal representative may file the original of the inventory with the court and send a copy of the inventory only to interested persons who request it; or, if he elects not to file the inventory with the court, he must deliver or mail a copy of the inventory to each of the heirs in an intestate estate, or to each of the devisees if a will has been probated, and to any other interested persons who request it.”
Create & File a Supplemental Inventory
In plain English: Your inventory is not “one and done.” If you discover an asset you missed, or learn that a value or description you reported was wrong or misleading, you must prepare a supplemental inventory with the corrected date-of-death value and the data you relied on. File it with the court if you filed the original, or get the new information to the people interested in it.
“If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information.”
Take Possession of Estate Assets & Discover Concealed Assets
In plain English: Unless the will says otherwise, you have the right and the duty to take possession or control of the decedent's property. You may leave the house or personal belongings with the person presumptively entitled to them until you need them for administration. You must pay the taxes on the property and take reasonable steps to manage, protect and preserve it, and you can sue to recover property or determine who owns it.
Arizona also gives you powerful tools when someone is hiding estate property or documents. On your sworn complaint, the court can order that person to appear and be examined under oath, jail them for refusing to cooperate, order them to turn over property or documents, and enter a judgment for double the value of the property plus attorney fees and costs.
“A. Except as otherwise provided by a decedent's Will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of the property, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine its title.
B. If the personal representative . . . complains to the court, on oath, that a person is suspected of having concealed, embezzled, conveyed or disposed of any property of a decedent, or possesses or has knowledge of deeds, bonds, contracts or other writings which contain evidence of or tend to disclose the right, interest or claim of a decedent to any property, or the Will of a decedent, the court may cite that person to appear before the court and may examine that person on oath on the complaint. If that person is not in the county where letters have been issued, the person may be cited and examined before the court in the county where the person is found or the court issuing the citation. If the person appears and the court determines that the claim is unfounded, the court shall allow that person necessary expenses out of the estate.
C. If the person cited as provided by subsection B refuses to appear and submit to an examination, or to answer questions relevant to the complaint, the court may commit that person to jail until the person submits to the order of the court or is discharged according to law.
D. If on examination or from other evidence adduced at the hearing it appears that a person has concealed, embezzled, conveyed or disposed of any property of a decedent, or possesses or has knowledge of deeds, bonds, contracts or other writings tending to disclose the right, interest or claim of a decedent to any property, or the will of a decedent, the court may order that person to turn over the documents or disclose knowledge to the personal representative and may commit the person cited to jail until the order is complied with or the person is discharged according to law. The examination shall be reduced to writing and filed in court. The order for the disclosure made on this examination is prima facie evidence of the right of the personal representative to the property in an action brought for recovery of that property, and a judgment shall be for double the value of the property, or for return of the property and damages in addition to the property equal to the value of the property. The court may also award reasonable attorney fees and costs.”
Frequently Asked Questions
Can a personal representative be personally liable in an Arizona probate?
Yes. Under A.R.S. § 14-3712, a personal representative who exercises a power improperly is liable to interested persons for any damage or loss caused by the breach of fiduciary duty, to the same extent as the trustee of an express trust.
How long does an Arizona personal representative have to notify the heirs?
Not later than 30 days after appointment. Under A.R.S. § 14-3705, the notice must be delivered or sent by first class mail to each heir and devisee whose address is reasonably available. Special administrators are exempt from this duty.
When is the estate inventory due in Arizona?
Within 90 days after appointment. Under A.R.S. § 14-3706, the inventory must list each asset with its fair market value at the date of death, whether it is community or separate property, and any encumbrance against it.
Does the inventory have to be filed with the probate court?
No. The personal representative may file it with the court and send copies only to interested persons who request one, or not file it and instead deliver or mail a copy to each heir or devisee and to any other interested person who requests it.
What can a personal representative do if someone is hiding estate assets?
Under A.R.S. § 14-3709, the personal representative can complain to the court under oath. The court may cite the person to appear and be examined under oath, jail a person who refuses to cooperate, order the property or documents turned over, and enter a judgment for double the value of the property plus reasonable attorney fees and costs.
Should I handle an Arizona probate without a lawyer?
Because a personal representative can be personally liable for breaching any of these duties, that liability risk is the number one reason not to do a do-it-yourself Arizona probate. An experienced Arizona probate lawyer helps the personal representative meet every deadline and duty.
Get Help With Your Arizona Probate
Arizona probate attorney Richard C. Keyt, attorney and former CPA, represents personal representatives in Arizona probates and guides them through every one of these duties and deadlines.
To hire us to handle an Arizona probate, complete our Arizona Probate Questionnaire, call Richard C. Keyt at 480-664-7472, or email rck@keytlaw.com.
Not ready yet? Book a free office, phone or Zoom video consultation, or learn more on our Arizona Probate page.
Questions? Book a free meeting, email or call Arizona probate attorney Richard C. Keyt. We don't charge to talk to people.
Updated October 8, 2026, by Richard C. Keyt