Legal Question in Wills and Trusts in Arizona
The personal representative of an estate in Arizona is refusing to discuss the personal representative fee until it is time to close the estate. This estate has gone on for 2 years. We, the devisees, have requested multiple times to discuss her hourly rate. The personal representative, who is also a devisee, is keeping a record of all of her hours, but refuses to discuss her fee with us until the very end. We have no idea what we will be charged. Do we have a right to know this? Also, what is a reasonable fee amount for a personal representative in AZ?
1 Answer from Attorneys
The PR does not have to discuss the fee it intends to charge the estate until the PR seeks court approval of those fees and an order to pay. What is reasonable depends upon the facts and circumstances of the case, as well as the skills, education and experience of the PR, and what the PR makes in its regular/current trade or business. It is all up to the discretion of the judge.
It would seem to me to be in the best interests of the PR, the estate and the heirs to informally agree on what is reasonable, however, any one of those parties may not be reasonable, for whatever reason, and the PR may decide to simply present the fees to the court for approval and then, it is up to any of the parties in the case to object to the fee request.
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