The phone rings late at night. A sibling explains that you’ve been named the personal representative of the estate for a parent who has just passed away. You sit down at the kitchen table with a stack of papers—bank statements, a will, maybe a trust document—and realize you’re now responsible for far more than grief.
The next question is straightforward, yet significant: What does a personal representative of an estate do, and what are the limits?
Arizona law grants broad powers to personal representatives, but strict duties balance those powers. Knowing what you can and cannot do helps prevent costly mistakes, family conflict, or even litigation.
When uncertainty arises, guidance from seasoned Arizona probate attorneys, such as Theut Scaringelli & Kupiszewski P.L.C., helps ensure you manage the estate lawfully and efficiently. Our decades of courtroom and fiduciary experience make us the firm families call when order hangs in the balance.
Understanding Authority and Boundaries: What Does a Personal Representative of an Estate Do?
Before diving into specifics, remember this: a personal representative is not free to act however they wish. Every decision must align with fiduciary duties, loyalty, prudence, and transparency. Breaches risk lawsuits, removal, or personal liability. With that in mind, here are seven key things every personal representative should be aware of.
1. You Can Collect and Safeguard Assets
Your first responsibility is to identify and secure the estate’s property. That means:
- Locating bank accounts, real estate deeds, and investment portfolios;
- Protecting valuables such as jewelry, vehicles, or heirlooms; and
- Ensuring insurance policies remain active.
This role is about preservation. You must keep the property safe until you have paid your debts and made distributions.
2. A Personal Representative Cannot Treat Estate Assets As Your Own
Arizona law makes clear that commingling estate funds with personal accounts violates fiduciary duty. Writing checks for yourself, selling property without authority, or living rent-free in estate real estate can expose you to removal or surcharge. The personal representative of the estate serves as custodian, not the owner.
3. A Personal Representative of an Estate Can Pay Valid Debts and Expenses
After publishing notice to creditors, you must evaluate claims. Funeral costs, medical bills, and final utility payments may be valid. Using estate funds for these purposes is proper and often required. Keep meticulous records, because courts and heirs expect a clear paper trail.
4. A Personal Representative Cannot Ignore Beneficiaries or Withhold Information
Heirs and devisees have a legal right to transparency. You must provide inventories and accountings when requested. Silence can breed suspicion and spark litigation. If beneficiaries ask what you are doing, respond with documentation rather than frustration.
5. A Personal Representative Can Distribute Assets According to the Will or Law
Once you settle debts, you may distribute property. If a will directs the family cabin to one sibling, that instruction must be honored. When a will does not exist, Arizona’s intestacy statutes govern distribution. Following the blueprint avoids accusations of favoritism.
6. A Personal Representative of an Estate Cannot Shortcut Court Oversight
Actions such as selling real estate, closing accounts, or resolving disputes may require court approval. Skipping that step invites challenges. Judges in Maricopa County probate courts see thousands of cases each year, and their authorization provides both authority and protection. When in doubt, file the petition.
7. A Personal Representative Can Hire Professionals to Assist
Managing an estate often requires the services of accountants, appraisers, or legal counsel. Arizona statutes allow you to use estate funds to pay reasonable professional fees. A personal representative who seeks expert guidance is not shirking responsibility; they are fulfilling it.
Why Choose Theut Scaringelli & Kupiszewski P.L.C.?
Probate disputes often erupt when personal representatives cross the line between “can” and “cannot.” Families may accuse one another of mismanagement, exploitation, or secrecy. That’s where the attorneys at Theut Scaringelli & Kupiszewski P.L.C. step in, offering:
- Experience rooted in Arizona probate law. With practice dating back to the 1980s, the team has handled everything from simple probates to multimillion-dollar contested estates.
- Judicial perspective. Partner Stephen Kupiszewski served 10 years as a Superior Court Commissioner, presiding over probate and trust matters.
- Personal insight. Jennifer Kupiszewski’s work in child protective services and disability law gives her empathy for families in crisis. While Paul Theut, Lawrence Scaringelli, and James Theut add decades of trial and fiduciary litigation.
- A legacy of trust. Known to every probate judge in Maricopa County, the firm’s name carries weight when the stakes are high.
When tragedy leaves questions about who can do what, we restore confidence by transforming confusion into a plan, ensuring the estate is handled with precision and care.
Contact Theut Scaringelli & Kupiszewski P.L.C. Today
If you’ve been named personal representative in Arizona and need answers, contact Theut Scaringelli & Kupiszewski. Our attorneys bring decades of probate experience, a history of courtroom credibility, and a commitment to successfully guiding families like yours through the hardest chapters of life.
Resources:
- General duties; relation and liability to persons interested in estate; standing to sue, A.R.S. § 14-3703, link.
- Fiduciary duties; general principles, A.R.S. § 14-7402, link.
- Intestate estate; modification by will, A.R.S. § 14-2101, link.
- Passing of estate by representation; assigning of shares; definitions, A.R.S. § 14-2106, link.
