Ariz. Rev. Stat. » Title 14
Arizona Revised Statutes

Ariz. Rev. Stat. § 14-1105 (2026)

Remedies for unreasonable conduct; definitions

✓ current as of May 2026
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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 (Ariz. Ct. App. 2025).
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In Re Herrera (Ariz. Ct. App. 2025). · cites it 16× “44 in attorneys’ fees and interest was proper under A.R.S. § 14-1105. We agree with Ana. ¶23 A court may impose remedies in addition to those available under A.”
Krishnan v. Krishnan (Ariz. Ct. App. 2026). · cites it 13× “” Here, Sundar and Suchitra requested an award of attorneys’ fees and costs against Venkatesh under §§ 14-1105 and -11004 in their joint petition and amended joint petition.”
Lange v. Self (Ariz. Ct. App. 2023). · cites it 9× “¶17 James also argued that A.R.S. § 14-1105 supported a judgment against Rene for the trustee proceedings in the amount of $4,560 because Rene unreasonably continued to pursue appointment as successor trustee after the court found Rene serving as a fiduciary was not in James’…”
Holt v. Baum (Ariz. Ct. App. 2020). · cites it 4× “Although Debra asserts the Children’s conduct in objecting to a Rule 54(b) judgment was “unreasonable” under A.R.S. § 14-1105, she has failed to support that argument with authority or otherwise show that the court abused its discretion in declining to award her additional fees.”
Rounding v. Bos (Ariz. Ct. App. 2026). · cites it 4× “25 under A.R.S. §§ 14-1105 and 12-349. ¶30 Audrey argues that the court erred in its award of attorney fees.”
Williams v. Cole (Ariz. Ct. App. 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 (Ariz. Ct. App. 2021). · cites it 3× “¶32 We need not determine whether Plaintiffs’ petition was unreasonable for purposes of § 14-1105 because Shawn also sought fees under A.”
Brisbon v. Chambers (Ariz. Ct. App. 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 (Ariz. Ct. App. 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 (Ariz. Ct. App. 2021). · cites it 2× “In exercise of our discretion, we also deny the Successor Trustees and the Residuary Beneficiaries’ request for attorney’s fees under A.R.S. § 14-1105(A) and (C). AMY M. WOOD • Clerk of the Court FILED: AA 6”
Almada Negrete v. Simonson (Ariz. Ct. App. 2022). · cites it 2× “Simonson requests an award of his attorney’s fees under A.R.S. § 14-1105(A) (authorizing a court to order a person who has engaged in “unreasonable conduct” that caused a decedent’s estate to incur expenses to pay for some or all of the expenses) and A.”
Erlick v. Davis (Ariz. Ct. App. 2023). · cites it 2× “DAVIS Decision of the Court ¶35 The PR seeks attorneys’ fees and costs incurred on appeal under A.R.S. §§ 14-1105 and 12-342. In the court’s discretion, it denies the PR’s request for attorneys’ fees.”
Show all 18 citing cases →
— Ariz. Rev. Stat. § 14-1105(A) — 8 cases
Krishnan v. Krishnan (Ariz. Ct. App. 2026). “” Here, Sundar and Suchitra requested an award of attorneys’ fees and costs against Venkatesh under §§ 14-1105 and -11004 in their joint petition and amended joint petition.”
Williams v. Cole (Ariz. Ct. App. 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 (Ariz. Ct. App. 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 (Ariz. Ct. App. 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 (Ariz. Ct. App. 2020). “Although Debra asserts the Children’s conduct in objecting to a Rule 54(b) judgment was “unreasonable” under A.R.S. § 14-1105, she has failed to support that argument with authority or otherwise show that the court abused its discretion in declining to award her additional fees.”
— Ariz. Rev. Stat. § 14-1105(B) — 2 cases
In Re Herrera (Ariz. Ct. App. 2025). “44 in attorneys’ fees and interest was proper under A.R.S. § 14-1105. We agree with Ana. ¶23 A court may impose remedies in addition to those available under A.”
Nichols v. Slavicek (Ariz. Ct. App. 2026).
— Ariz. Rev. Stat. § 14-1105(C) — 2 cases
In Re Herrera (Ariz. Ct. App. 2025). “44 in attorneys’ fees and interest was proper under A.R.S. § 14-1105. We agree with Ana. ¶23 A court may impose remedies in addition to those available under A.”
Williams v. Cole (Ariz. Ct. App. 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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