[rififi]

Hi,

My great aunt died in Phoenix and left my father as the executor of her will / estate. He currently lives in New Jersey. The estate is finally settled and my father can now hand out the estate's money to the named beneficiaries. I have two questions.

1) According to Arizona State Law, is there an executor fee my father can take for managing this estate for the last year?

2) One of the beneficiaries (our cousin) is asking to see itemized receipts and all records my father kept over the last year managing the estate, including tax returns and information on various accounts. It seems that she believes she is not being paid the proper amount and is insinuating that the estate was run un-ethically. Is it true that as the executor of the estate, my dad is the only person who is privy to this information and he doesn't have to turn it over to whoever asks for it? Does our cousin have to go to court to contest the will or ask for the records to be turned over in court?

Thank you.
JRKS

[AK lawyer]

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.

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The court probate rules may provide more guidance as to what is a reasonable fee.

As far as an accounting, you could ask for supervised administration I suppose, which would bring the following provision into effect:

14-3505. Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing

A. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under section 14-3931. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.

B. A supervised personal representative shall file an account with the court not less than annually during his administration, and on closing shall file a final account to be approved under section 14-3931. He shall also account to the court on resignation or removal. Subject to appeal or vacation within the time permitted, an order made on notice and hearing allowing an intermediate account of a personal representative adjudicates his liabilities concerning matters considered in connection therewith. A copy of the intermediate account must be sent to all interested parties along with notice of hearing on the account. In connection with any account, the court may require the personal representative to submit to physical check of the estate in his control, to be made in any manner the court may specify.

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