14-1105. Remedies for unreasonable conduct; definitions
A. If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the decedent's estate or trust for some or all of the fees and expenses as the court deems just under the circumstances.
B. In a guardianship or conservatorship case, if the court finds that a ward or protected person has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the ward or protected person for some or all of the fees and expenses as the court deems just under the circumstances.
C. The remedies allowed pursuant to this section are in addition to any other civil remedy or any other provision of law. The remedies allowed pursuant to this section may be invoked to mitigate the financial burden on a ward, protected person, decedent's estate or trust incurred as a result of unjustified court proceedings or unreasonable or excessive demands made on a fiduciary, fiduciary's attorney, court-appointed attorney, guardian ad litem or representative.
D. For the purposes of this section:
1. "Court-appointed attorney" means an attorney appointed pursuant to section 14-5303, subsection C, section 14-5310, subsection C, section 14-5401.01, subsection C or section 14-5407, subsection B.
2. "Fiduciary" means an agent under a durable power of attorney, an agent under a health care power of attorney, a guardian, a conservator, a personal representative, a trustee or a guardian ad litem.
3. "Person who engaged in the conduct" includes a fiduciary, an attorney or a guardian ad litem.
4. "Professional" means an accountant, an attorney, a fiduciary, a physician, a psychologist, a registered nurse, a guardian ad litem or an expert witness.
5. "Professional fees or expenses" includes the fiduciary's fees and expenses and the fiduciary's attorney fees and expenses, as well as the fees and expenses of any other professionals hired by the fiduciary or the fiduciary's attorney.
Notes of Decisions
Cited in
18
cases (
12 in the last 5 years), 2014–2026 · leading case:
In re Herrera, No. 1 CA-CV 25-0224-PB (Ariz. Ct. App. Nov. 28, 2025).
In re Herrera, No. 1 CA-CV 25-0224-PB (Ariz. Ct. App. Nov. 28, 2025).
· cites it 16× “The superior court found these proceedings were required solely because of Claudia’s unreasonable conduct and that Ana’s legal expenses were incurred on behalf of the protected person, not for her own benefit.”
Krishnan v. Krishnan, No. 1 CA-CV 25-0139 PB (Ariz. Ct. App. Jan. 14, 2026).
· cites it 13× “Fonzi Food, 257 Ariz. 533 , 541, ¶ 36 (App. 2024) (concluding that party gave proper notice of an award of attorneys’ fees because the party’s “complaint cited authority for a fee award”); accord 4 King, 221 Ariz.”
Lange v. Self, No. 1 CA-CV 22-0784 (Ariz. Ct. App. Oct. 31, 2023).
· cites it 9× “The court found Rene did not act in good faith because she knew James wanted a third-party fiduciary and she continued to seek appointment as a trustee.”
Holt v. Baum, No. 1 CA-CV 18-0744 (Ariz. Ct. App. Mar. 19, 2020).
· cites it 4× “The request by Myra and the Children to prevent Debra from reimbursing herself from the assets of the 1984 Joint Trust for her fees and costs incurred on appeal is denied, without prejudice to the superior court’s final distribution orders.”
Rounding v. Bos, No. 1 CA-CV 25-0050 PB (Ariz. Ct. App. Feb. 6, 2026).
· cites it 4× “Candrian, 240 Ariz. 132, 138, ¶ 21 (App. 2016). The court awarded Carolyn's request for fees under A.”
Williams v. Cole, No. 1 CA-CV 12-0810 (Ariz. Ct. App. Apr. 17, 2014).
· cites it 6× “ATTORNEYS’ FEES ¶46 Lori requests attorneys’ fees on appeal pursuant to A.R.S. § 14-1105(A) and (C). Subsection (A) allows a court to award a just amount of fees and costs under the circumstances upon a finding of unreasonable conduct.”
Lampe v. Lampe, No. 1 CA-CV 20-0620 (Ariz. Ct. App. Sept. 21, 2021).
· cites it 3× “¶33 Both parties request an award of attorneys’ fees and costs on appeal.”
Brisbon v. Chambers, No. 1 CA-CV 16-0711 (Ariz. Ct. App. Jan. 18, 2018).
· cites it 2× “Appellees’ request for an award of attorneys’ fees on appeal pursuant to A.R.S. § 14-1105(A) is denied because Chambers has not acted unreasonably in this appeal.”
Tittelbach v. Jacobs, No. 1 CA-CV 17-0198 (Ariz. Ct. App. Feb. 6, 2018).
· cites it 2× “5 ATTORNEYS' FEES AND COSTS ¶18 The PR requests an award of attorneys' fees pursuant to A.R.S. § 14-1105(A), arguing that Jacobs acted unreasonably by raising the issue of intent for the first time on appeal.”
Whiles v. Jones, No. 1 CA-CV 20-0508 (Ariz. Ct. App. Aug. 5, 2021).
· cites it 2×
Almada Negrete v. Simonson, No. 1 CA-CV 22-0152 (Ariz. Ct. App. Dec. 20, 2022).
· cites it 2× “WOOD • Clerk of the Court FILED: AA 197 Ariz. 577, 583 , ¶ 25 n.5 (App.”
Erlick v. Davis, No. 1 CA-JV 22-0140 (Ariz. Ct. App. May 30, 2023).
· cites it 2×
Ariz. Rev. Stat. § 14-1105(A): 8 cases
Krishnan v. Krishnan, No. 1 CA-CV 25-0139 PB (Ariz. Ct. App. Jan. 14, 2026).
“Fonzi Food, 257 Ariz. 533 , 541, ¶ 36 (App. 2024) (concluding that party gave proper notice of an award of attorneys’ fees because the party’s “complaint cited authority for a fee award”); accord 4 King, 221 Ariz.”
Williams v. Cole, No. 1 CA-CV 12-0810 (Ariz. Ct. App. Apr. 17, 2014).
“ATTORNEYS’ FEES ¶46 Lori requests attorneys’ fees on appeal pursuant to A.R.S. § 14-1105(A) and (C). Subsection (A) allows a court to award a just amount of fees and costs under the circumstances upon a finding of unreasonable conduct.”
Brisbon v. Chambers, No. 1 CA-CV 16-0711 (Ariz. Ct. App. Jan. 18, 2018).
“Appellees’ request for an award of attorneys’ fees on appeal pursuant to A.R.S. § 14-1105(A) is denied because Chambers has not acted unreasonably in this appeal.”
Tittelbach v. Jacobs, No. 1 CA-CV 17-0198 (Ariz. Ct. App. Feb. 6, 2018).
“5 ATTORNEYS' FEES AND COSTS ¶18 The PR requests an award of attorneys' fees pursuant to A.R.S. § 14-1105(A), arguing that Jacobs acted unreasonably by raising the issue of intent for the first time on appeal.”
Holt v. Baum, No. 1 CA-CV 18-0744 (Ariz. Ct. App. Mar. 19, 2020).
“The request by Myra and the Children to prevent Debra from reimbursing herself from the assets of the 1984 Joint Trust for her fees and costs incurred on appeal is denied, without prejudice to the superior court’s final distribution orders.”
Ariz. Rev. Stat. § 14-1105(B): 2 cases
In re Herrera, No. 1 CA-CV 25-0224-PB (Ariz. Ct. App. Nov. 28, 2025).
“The superior court found these proceedings were required solely because of Claudia’s unreasonable conduct and that Ana’s legal expenses were incurred on behalf of the protected person, not for her own benefit.”
Ariz. Rev. Stat. § 14-1105(C): 2 cases
In re Herrera, No. 1 CA-CV 25-0224-PB (Ariz. Ct. App. Nov. 28, 2025).
“The superior court found these proceedings were required solely because of Claudia’s unreasonable conduct and that Ana’s legal expenses were incurred on behalf of the protected person, not for her own benefit.”
Williams v. Cole, No. 1 CA-CV 12-0810 (Ariz. Ct. App. Apr. 17, 2014).
“ATTORNEYS’ FEES ¶46 Lori requests attorneys’ fees on appeal pursuant to A.R.S. § 14-1105(A) and (C). Subsection (A) allows a court to award a just amount of fees and costs under the circumstances upon a finding of unreasonable conduct.”
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