reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3703 - General duties; relation and liability to persons interested in estate; standing to sue

14-3703.
General duties;  relation and liability to persons interested in estate;  standing to sue
A. 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.
B. A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration,  an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative,  whether issued in informal or formal proceedings,  is authority to distribute apparently intestate assets to the heirs of the decedent if,  at the time of distribution,  the personal representative is not aware of a pending testacy proceeding,  a proceeding to vacate an order entered in an earlier testacy proceeding,  a formal proceeding questioning the personal representative's appointment or fitness to continue,  or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants,  the surviving spouse,  any minor children,  any dependent children and any pretermitted child of the decedent as described elsewhere in this title.
C. Except as to proceedings that do not survive the death of the decedent,  a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3704 - Personal representative to proceed without court order; exception

14-3704.
Personal representative to proceed without court order;  exception
A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and,  except as otherwise specified or ordered in regard to a supervised personal representative,  do so without adjudication,  order or direction of the court,  but he may invoke the jurisdiction of the court,  in proceedings authorized by this title,  to resolve questions concerning the estate or its administration.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3705 - Duty of personal representative; information to heirs and devisees

14-3705.
Duty of personal representative;  information to heirs and devisees
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.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3706 - Duty of personal representative; inventory and appraisement

14-3706.
Duty of personal representative;  inventory and appraisement
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.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3707 - Employment of appraisers

14-3707.
Employment of appraisers
The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3708 - Duty of personal representative; supplementary inventory

14-3708.
Duty of personal representative;  supplementary inventory
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.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3710 - Power to avoid transfers; action to set aside fraudulent conveyances

14-3710.
Power to avoid transfers;  action to set aside fraudulent conveyances
A. The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors and subject to prior liens. The right to recover this property,  so far as necessary for the payment of unsecured debts of the decedent,  is exclusively in the personal representative.
B. When there is a deficiency of assets in custody of a personal representative,  and decedent in his lifetime has conveyed or transferred property,  or any rights or interests therein,  with intent to defraud creditors,  or to avoid a right,  debt or duty of any person,  or has conveyed or transferred the property so that the conveyance or transfer by law is void or voidable as against creditors,  the personal representative shall commence and prosecute an action for the recovery of the property for the benefit of the creditors,  and shall recover property which has been so conveyed or transferred,  whatever may have been the manner of the conveyance or transfer.
C. The personal representative is not bound to bring the action unless the creditors pay such part of the costs and expenses of the action,  or give such surety to the personal representative therefor as the court on application by the creditors may direct.
D. The property recovered shall be subject to payment of the debts of decedent as other property in custody of the personal representative.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3711 - Powers of personal representatives; in general

14-3711.
Powers of personal representatives;  in general
Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have,  in trust however,  for the benefit of the creditors and others interested in the estate. This power may be exercised without notice,  hearing or order of court.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3712 - Improper exercise of power; breach of fiduciary duty

14-3712.
Improper exercise of power;  breach of fiduciary duty
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. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 14-3713 and 14-3714.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3713 - Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions

14-3713.
Sale,  encumbrance or transaction involving conflict of interest;  voidable;  exceptions
Any sale or encumbrance to the personal representative,  his spouse,  agent or attorney,  or any corporation or trust in which he has a substantial beneficial interest,  or any transaction which is affected by a substantial conflict of interest on the part of the personal representative,  is voidable by any person interested in the estate except one who has consented after fair disclosure,  unless either:
1. The will or a contract entered into by the decedent expressly authorized the transaction.
2. The transaction is approved by the court after notice to interested persons.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3714 - Persons dealing with personal representative; protection

14-3714.
Persons dealing with personal representative;  protection
A person who in good faith either assists or deals with another person acting as a personal representative,  on the basis of a copy of letters certified by or under the direction of the court or an officer thereof within sixty days of the transaction,  is protected as if the personal representative properly exercised his power and even though the authority of that person as personal representative has been terminated. The fact that a person knowingly deals with one who purports to act as a personal representative does not alone require the person to inquire into the existence of a power,  the propriety of its exercise,  or the current authority of the purported personal representative. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 14-3504,  no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters,  including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. If property is wrongfully transferred by a person acting as a personal representative to a person who is not in good faith,  any person who subsequently purchases the property in good faith is protected as if the original transferee dealt in good faith.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3716 - Powers and duties of successor personal representative

14-3716.
Powers and duties of successor personal representative
A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate,  as expeditiously as possible,  but he shall not exercise any power expressly made personal to the executor named in the will.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3717 - Co-representatives; when joint action required

14-3717.
Co-representatives;  when joint action required
If two or more persons are appointed co-representatives and unless the will provides otherwise,  the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co-representative receives and receipts for property due the estate,  when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate,  or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned herein,  are as fully protected as if the person with whom they dealt had been the sole personal representative.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3718 - Powers of surviving personal representative

14-3718.
Powers of surviving personal representative
Unless the terms of the will otherwise provide,  every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated,  and if one of two or more nominated as co-executors is not appointed,  those appointed may exercise all the powers incident to the office.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3719 - Compensation of personal representative

14-3719.
Compensation of personal representative
A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation,  he may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3720 - Expenses in estate litigation

14-3720.
Expenses in estate litigation
If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith,  whether successful or not he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorneys' fees incurred.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3721 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate

14-3721.
Proceedings for review of employment of agents and compensation of personal representatives and employees of estate
After notice to all interested persons,  on petition of an interested person,  including any person employed by the personal representative,  or on appropriate motion if administration is supervised,  the court may review the propriety of employment of any person by the personal representative,  the reasonableness of the compensation of any person so employed,  or the reasonableness of the compensation determined by the personal representative for his own services. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refund.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3722 - Compensation of appointees

14-3722.
Compensation of appointees
A. If not otherwise compensated for services rendered,  an investigator,  accountant or lawyer appointed pursuant to this article is entitled to reasonable compensation from the estate of the decedent. If the court compensates the provider of a service the court may charge the estate for the reasonable cost of the service and shall deposit these monies in the probate fund pursuant to section 14-5433.
B. Notwithstanding subsection A of this section,  if compensation by the estate is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator,  accountant or lawyer appointed in a probate administration proceeding.
C. If a county pays for any of these services from general fund appropriations,  the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3801 - Notice to creditors

14-3801.
Notice to creditors
A. Unless notice has already been given under this section,  at the time of appointment a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.
B. A personal representative shall give written notice by mail or other delivery to all known creditors,  notifying the creditors of the personal representative's appointment. The notice shall also notify all known creditors to present the creditor's claim within four months after the published notice,  if notice is given as provided in subsection A,  or within sixty days after the mailing or other delivery of the notice,  whichever is later,  or be forever barred. A written notice shall be the notice described in subsection A or a similar notice.
C. The personal representative is not liable to a creditor or to a successor of the decedent for giving or failing to give notice under this section.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3802 - Statute of limitations

14-3802.
Statute of limitations
Unless an estate is insolvent the personal representative,  with the consent of all successors whose interests would be affected,  may waive any defense of limitations available to the estate. If the defense is not waived,  no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations,  the proper presentation of a claim under section 14-3804 is equivalent to commencement of a proceeding on the claim.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3803 - Limitations on presentation of claims

14-3803.
Limitations on presentation of claims
A. All claims against a decedent's estate that arose before the death of the decedent,  including claims of the state and any of its political subdivisions,  whether due or to become due,  absolute or contingent,  liquidated or unliquidated,  founded on contract,  tort or other legal basis,  if not barred earlier by any other statute of limitations or nonclaim statute,  are barred against the estate,  the personal representative and the heirs and devisees of the decedent,  unless presented within the earlier of either:
1. Two years after the decedent's death plus the time remaining in the period commenced by an actual or published notice pursuant to section 14-3801,  subsection A or B.
2. The time prescribed by section 14-3801,  subsection B for creditors who are given actual notice and within the time prescribed in section 14-3801,  subsection A for all creditors barred by publication.
B. A claim that is described in subsection A of this section and that is barred by the nonclaim statute of the decedent's domicile before the giving of notice to creditors in this state is barred in this state.
C. All claims against a decedent's estate that arise at or after the death of the decedent,  including claims of the state and any political subdivision,  whether due or to become due,  absolute or contingent,  liquidated or unliquidated,  founded on contract,  tort or other legal basis,  are barred against the estate,  the personal representative and the heirs and devisees of the decedent,  unless presented as either of the following:
1. A claim based on a contract with the personal representative,  within four months after performance by the personal representative is due.
2. Any other claim,  within the later of four months after it arises or the time specified in subsection A,  paragraph 1 of this section.
D. This section does not affect or prevent any of the following:
1. Any proceeding to enforce any mortgage,  pledge or other lien upon property of the estate.
2. To the limits of the insurance protection only,  any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance.
3. Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative or the estate.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3804 - Manner of presentation of claims

14-3804.
Manner of presentation of claims
Claims against a decedent's estate may be presented as follows:
1. The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis,  the name and address of the claimant and the amount claimed. The claim is deemed presented on receipt of the written statement of claim by the personal representative. If a claim is not yet due,  the date when it will become due shall be stated. If the claim is contingent or unliquidated,  the nature of the uncertainty shall be stated. If the claim is secured,  the security shall be described. Failure to describe correctly the security,  the nature of any uncertainty,  and the due date of a claim not yet due does not invalidate the presentation made.
2. The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction,  to obtain payment of his claim against the estate,  but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death.
3. If a claim is presented under paragraph 1,  no proceeding thereon may be commenced more than sixty days after the personal representative has mailed a notice of disallowance;  but,  in the case of a claim which is not presently due or which is contingent or unliquidated,  the personal representative may consent to an extension of the sixty day period,  or to avoid injustice the court,  on petition,  may order an extension of the sixty day period,  except no extension may run beyond the applicable statute of limitations.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3805 - Priority of claims

14-3805.
Priority of claims
A. If the applicable assets of the estate are insufficient to pay all claims in full,  the personal representative shall make payment in the following order:
1. Costs and expenses of administration.
2. Reasonable funeral expenses.
3. Debts and taxes with preference under federal law.
4. Reasonable and necessary medical and hospital expenses of the last illness of the decedent,  including compensation of persons attending him.
5. Debts and taxes with preference under the laws of this state.
6. All other claims.
B. No preference shall be given in the payment of any claim over any other claim of the same class and a claim due and payable shall not be entitled to a preference over claims not due.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3807 - Payment of claims

14-3807.
Payment of claims
A. On the expiration of the earlier of the time limitations prescribed in section 14-3803 for the presentation of claims,  the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed,  after making provision for allowance in lieu of homestead,  exempt property and family allowance,  for claims already presented which have not yet been allowed or whose allowance has been appealed,  and for unbarred claims which may yet be presented,  including costs and expenses of administration. By petition to the court in a proceeding for the purpose,  or by appropriate motion if the administration is supervised,  a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.
B. The personal representative at any time may pay any just claim which has not been barred,  with or without formal presentation,  but the personal representative is personally liable to any other claimant whose claim is allowed and who is injured by such payment if either:
1. The payment was made before the expiration of the time limit stated in subsection A of this section and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants.
2. The payment was made,  due to the negligence or wilful fault of the personal representative,  in such manner as to deprive the injured claimant of the claimant's priority.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3808 - Individual liability of personal representative

14-3808.
Individual liability of personal representative
A. Unless otherwise provided in the contract,  a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.
B. A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.
C. Claims based on contracts entered into by a personal representative in his fiduciary capacity,  on obligations arising from ownership or control of the estate,  or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity,  whether or not the personal representative is individually liable therefor.
D. Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting,  surcharge or indemnification or other appropriate proceeding.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3809 - Secured claims

14-3809.
Secured claims
Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security,  otherwise payment is upon the basis of one of the following:
1. If the creditor exhausts his security before receiving payment,  unless precluded by other law,  upon the amount of the claim allowed less the fair value of the security.
2. If the creditor does not have the right to exhaust his security or has not done so,  upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor,  or by the creditor and personal representative by agreement,  arbitration,  compromise or litigation.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3810 - Claims not due and contingent or unliquidated claims

14-3810.
Claims not due and contingent or unliquidated claims
A. If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate,  and if the claim has been allowed or established by a proceeding,  it is paid in the same manner as presently due and absolute claims of the same class.
B. In other cases the personal representative or,  on petition of the personal representative or the claimant in a special proceeding for the purpose,  the court may provide for payment as follows:
1. If the claimant consents,  he may be paid the present or agreed value of the claim,  taking any uncertainty into account.
2. Arrangement for future payment,  or possible payment,  on the happening of the contingency or on liquidation may be made by creating a trust,  giving a mortgage,  obtaining a bond or security from a distributee,  or otherwise.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3811 - Counterclaims

14-3811.
Counterclaims
In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and,  if the counterclaims exceed the claim,  render a judgment against the claimant in the amount of the excess. A counterclaim,  liquidated or unliquidated,  may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3812 - Execution and levies prohibited

14-3812.
Execution and levies prohibited
No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative,  but this section shall not be construed to prevent the enforcement of mortgages,  pledges or liens upon real or personal property in an appropriate proceeding.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3813 - Compromise of claims

14-3813.
Compromise of claims
When a claim against the estate has been presented in any manner,  the personal representative may,  if it appears for the best interest of the estate,  compromise the claim,  whether due or not due,  absolute or contingent,  liquidated or unliquidated.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3814 - Encumbered assets

14-3814.
Encumbered assets
If any assets of the estate are encumbered by mortgage,  pledge,  lien or other security interest,  the personal representative may pay the encumbrance or any part thereof,  renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien,  in whole or in part,  whether or not the holder of the encumbrance has presented a claim,  if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3815 - Administration in more than one state; duty of personal representative

14-3815.
Administration in more than one state;  duty of personal representative
A. All assets of estates being administered in this state are subject to all claims,  allowances and charges existing or established against the personal representative wherever appointed.
B. If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile,  prior charges and claims,  after satisfaction of the exemptions,  allowances and charges,  each claimant whose claim has been allowed either in this state or in another jurisdiction in administrations of which the personal representative is aware,  is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state,  the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit.
C. In case the family exemptions and allowances,  prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile,  the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose,  and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled,  local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible,  after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3816 - Final distribution to domiciliary representative

14-3816.
Final distribution to domiciliary representative
The estate of a nonresident decedent being administered by a personal representative appointed in this state shall,  if there is a personal representative of the decedent's domicile willing to receive it,  be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless any of the following apply:
1. By virtue of the decedent's will,  if any,  and applicable choice of law rules,  the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile.
2. The personal representative of this state,  after reasonable inquiry,  is unaware of the existence or identity of a domiciliary personal representative.
3. The court orders otherwise in a proceeding for a closing order under section 14-3931 or incident to the closing of a supervised administration. In other cases,  distribution of the estate of a decedent shall be made in accordance with the other articles of this chapter.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3901 - Successors' rights if no administration

14-3901.
Successors' rights if no administration
In the absence of administration,  the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by allowance in lieu of homestead,  exemption or intestacy may establish title thereto by proof of the decedent's ownership,  his death and their relationship to the decedent. Successors take subject to all charges incident to administration,  including the claims of creditors and allowances of surviving spouse and dependent children,  and subject to the rights of others resulting from abatement,  retainer,  advancement and ademption.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3902 - Distribution; order in which assets appropriated; abatement

14-3902.
Distribution;  order in which assets appropriated;  abatement
A. Except as provided in subsection B,  shares of distributees abate,  without any preference or priority as between real and personal property,  in the following order:
1. Property not disposed of by the will.
2. Residuary devises.
3. General devises.
4. Specific devises.
For purposes of abatement,  a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged,  and upon the failure or insufficiency of the property on which it is charged,  a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
B. If the will expresses an order of abatement,  or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection A,  the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.
C. If an estate of a decedent consists partly of separate property and partly of community property:
1. Community debts shall be charged against community property.
2. Separate debts shall be charged against separate property and against the balance of decedent's half of community property.
3. Expenses of administration shall be charged against separate property and decedent's half of community property in proportion to the relative value thereof,  but any special expenses attributable to management of community property may be charged against the entire community property.
D. If the subject of a preferred devise is sold or used incident to administration,  abatement shall be achieved by appropriate adjustments in,  or contribution from,  other interests in the remaining assets.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3903 - Right of retainer

14-3903.
Right of retainer
The amount of a noncontingent indebtedness of a successor to the estate if due,  or its present value if not due,  shall be offset against the successor's interest,  but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3906 - Distribution in kind; valuation; method

14-3906.
Distribution in kind;  valuation;  method
A. Unless a contrary intention is indicated by the will,  the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:
1. A specific devisee is entitled to distribution of the thing devised to him,  and a spouse or child who has selected particular assets of an estate as provided in section 14-2403 shall receive the items selected.
2. Any allowance in lieu of homestead or family allowance or devise of a stated sum of money may be satisfied by value in kind if the following are true:
(a) The person entitled to the payment has not demanded payment in cash.
(b) The property distributed in kind is valued at fair market value as of the date of its distribution.
(c) A residuary devisee has not requested that the asset in question remain a part of the residue of the estate.
3. For the purpose of valuation under paragraph 2 securities regularly traded on recognized exchanges,  if distributed in kind,  are valued at the price for the last sale of like securities traded on the business day prior to distribution,  or if there was no sale on that day,  at the median between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets which do not have readily ascertainable values,  a valuation as of a date not more than thirty days prior to the date of distribution,  if otherwise reasonable,  controls. For purposes of facilitating distribution,  the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way,  including the employment of qualified appraisers,  even if the assets may have been previously appraised.
4. The residuary estate shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests. In other cases,  residuary property may be converted into cash for distribution.
B. After the probable charges against the estate are known,  the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset the person is to receive,  if not waived earlier in writing,  terminates if the person fails to object in writing received by the personal representative within thirty days after mailing or delivery of the proposal.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3907 - Distribution in kind; evidence

14-3907.
Distribution in kind;  evidence
A. If distribution in kind is made,  the personal representative shall execute an instrument or deed of distribution assigning,  transferring or releasing the assets to the distributee as evidence of the distributee's title to the property.
B. The names and addresses of each distributee shall be included in any instrument of distribution transferring title to real property recorded by any county recorder.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3908 - Distribution; right or title of distributee

14-3908.
Distribution;  right or title of distributee
Proof that a distributee has received an instrument or deed of distribution of assets in kind,  or payment in distribution from a personal representative,  is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets,  as against all persons interested in the estate,  except that the personal representative may recover under section 14-3909 the assets or their value if the distribution was improper.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3909 - Improper distribution; liability of distributee

14-3909.
Improper distribution;  liability of distributee
Unless the distribution or payment no longer can be questioned because of adjudication,  estoppel or limitation,  a distributee of property or money improperly distributed or paid,  or a claimant who was improperly paid,  is liable to return the property improperly received and its income since distribution if he has the property. If such a distributee does not have the property,  he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3910 - Purchasers from distributees or transferees protected

14-3910.
Purchasers from distributees or transferees protected
If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative,  or is so acquired by a purchaser from or lender to a transferee from such distributee,  the purchaser or lender takes title free of rights of any person interested in the estate and incurs no personal liability to the estate,  whether or not the distribution was proper or supported by court order and whether or not the authority of the personal representative was terminated prior to execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who as personal representative has executed a deed of distribution to himself,  as well as from any other distributee or his transferee. To be protected under this provision,  a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind,  even if the personal representative and the distributee are the same person,  or whether the authority of the personal representative had terminated prior to the distribution.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3911 - Partition for purpose of distribution

14-3911.
Partition for purpose of distribution
When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate,  the personal representative or one or more of the heirs or devisees may petition the court prior to the formal or informal closing of the estate,  to make partition. After notice to the interested heirs or devisees,  the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3912 - Private agreements among successors to decedent binding on personal representative

14-3912.
Private agreements among successors to decedent binding on personal representative
Subject to the rights of creditors and taxing authorities,  competent successors may agree among themselves to alter the interests,  shares,  or amounts to which they are entitled under the will of the decedent or under the laws of intestacy,  in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his obligation to administer the estate for the benefit of creditors,  to pay all taxes and expenses of administration,  and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly,  trustees of a testamentary trust are successors for the purposes of this section. This section does not relieve trustees of any duties owed to beneficiaries of trusts.