Can an Executor of a Will Take Everything?
Short Answer
No. In Arizona, a Personal Representative (the Arizona term for an Executor) is a fiduciary who must settle the estate under the Will and Arizona law and act for the best interests of those who inherit.
A Personal Representative who is also a beneficiary can receive the inheritance they are legally entitled to and reasonable payment for their work, but cannot simply take everything.
The short answer is no. But there is more to the story.
In Arizona, we don't call this person an Executor. We call this person a Personal Representative.
The Personal Representative is appointed through the probate process to manage the deceased person's estate.
That means the Personal Representative may control the money, the house, and other assets that belong to the probate estate.
But control does not mean ownership.
The Personal Representative must use those assets to pay the estate's bills and distribute the remaining inheritance to the beneficiaries.
What if the Personal Representative is also a beneficiary?
That person can receive whatever inheritance they are legally entitled to. They may also receive reasonable payment for their work.
But they cannot simply take everything because they are in charge.
The Bottom Line
Choosing your Personal Representative is one of the most important decisions in estate planning.
You are giving someone considerable responsibility and control over your estate.
The real question is: Do you trust that person?
Arizona Law: A.R.S. § 14-3703
Frequently Asked Questions About Personal Representative Authority in Arizona
Can an Executor of a Will take everything in Arizona?
No. A Personal Representative is a fiduciary. Unless the Will says otherwise, the Personal Representative must follow the standards of care that apply to trustees and has a duty to settle and distribute the estate under the terms of the Will and Arizona probate law, as expeditiously and efficiently as is consistent with the best interests of the estate.
Arizona Law: A.R.S. § 14-3703.
Can a Personal Representative be paid for managing an estate in Arizona?
Yes. A Personal Representative is entitled to reasonable compensation for his or her services. A Personal Representative may also renounce the right to all or part of the compensation, and a written renunciation of fee may be filed with the court.
Arizona Law: A.R.S. § 14-3719.
What if the Personal Representative has a conflict of interest?
A sale or encumbrance to the Personal Representative, his or her spouse, agent, or attorney, or any transaction affected by a substantial conflict of interest, is generally voidable by any person interested in the estate. There are exceptions, such as when the Will or a contract signed by the deceased person expressly authorized the transaction, when the court approved it after notice to interested persons, or when the interested person consented after fair disclosure.
Arizona Law: A.R.S. § 14-3713.
What can beneficiaries do if a Personal Representative takes more than allowed?
If the exercise of power concerning the estate is improper, the Personal Representative is liable to interested persons for damage or loss resulting from the breach of fiduciary duty, to the same extent as a trustee of an express trust. A person interested in the estate may also petition the court to remove a Personal Representative for cause, which includes mismanaging the estate or failing to perform a duty of the office. The facts of each case matter, so an heir or beneficiary should speak with an Arizona attorney.
Arizona Law: A.R.S. § 14-3712; A.R.S. § 14-3611.
Questions About Choosing or Serving as a Personal Representative?
If you have questions about choosing a Personal Representative, serving as one, or how probate works in Arizona, the Law Office of Ilene L. McCauley, Ltd. can help you understand your options under Arizona law.
Related Arizona Estate Planning Information
For additional information about Arizona probate and estate planning, you may also want to read:
- What Does an Executor of a Will Actually Do?
- What Happens if an Executor Steals from an Estate?
- What Happens to Your Family After You’re Gone? How a Trust Can Help
- 12-Step Estate Planning Checklist
- A Self-Proved Will Can Make Arizona Probate Easier
- Does a Will Override a Beneficiary Designation in Arizona?
About Ilene L. McCauley
Ilene L. McCauley, Esq. is a Scottsdale, Arizona estate planning, probate, and tax attorney who has practiced law in Arizona since 1982. She helps individuals and families throughout Arizona address estate planning, incapacity, probate, trust administration, and related family planning concerns. Ilene has been a Certified Specialist in Taxation recognized by the Arizona Board of Legal Specialization since 1983.
Disclaimer
Ilene L. McCauley is licensed to practice law in the State of Arizona. Ilene L. McCauley, Ltd. provides legal services for clients in the State of Arizona. The information provided in this article is general and educational in nature and should not be construed as legal, tax or medical advice. Reading this article or using this website does not create an attorney and client relationship. Federal and state laws and regulations are complex and subject to change. Consult qualified Arizona legal and medical professionals regarding your individual circumstances.