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

Ariz. Rev. Stat. § 14-3712 (2026)

Improper exercise of power; breach of fiduciary duty

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 8 cases, 1980–2016 · leading case: Sanders v. Boyer, 613 P.2d 1291 (Ariz. Ct. App. 1980).
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Sanders v. Boyer, 613 P.2d 1291 (Ariz. Ct. App. 1980). · cites it 5× “We do not construe the provision of the personal representative’s liability for “damage or loss” contained in § 14-3712 as constituting an express provision for the recovery of attorney’s fees within the meaning of prior case law in this area. 9 We therefore find no error in the…”
In Re Est. of Fogleman, 3 P.3d 1172 (Ariz. Ct. App. 2000). · cites it 3× “By statute, a personal representative owes a fiduciary duty of fairness and impartiality to all "interested persons," see A.R.S. § 14-3712 (1995); Shano, 177 Ariz.”
Matter of Est. of Shano, 869 P.2d 1203 (Ariz. Ct. App. 1993). “See also § 14-3712 (personal representative is liable to interested persons for damages from breach of fiduciary duty) and § 14-1201(22) (surviving spouse is an "interested person").”
Snell & Wilmer L.L.P. v. Fegen, 3 P.3d 1172 (Ariz. Ct. App. 2000). · cites it 3× “By statute, a personal representative owes a fiduciary duty of fairness and impartiality to all “interested persons,” see A.R.S. § 14-3712 (1995); Shano, 177 Ariz.”
Kimball v. Perkins (Ariz. Ct. App. 2016). · cites it 3× “Under A.R.S. § 14-3712, a personal representative is liable to “interested persons” for breach of her fiduciary duty “to the same extent as a trustee of an express trust.”
Fiduciary Servs., Inc. v. Shano, 869 P.2d 1203 (Ariz. Ct. App. 1993). “See also § 14-3712 (personal representative is liable to interested persons for damages from breach of fiduciary duty) and § 14-1201(22) (surviving spouse is an “interested person”).”
Keland v. Moore (Ariz. Ct. App. 2014). · cites it 2× “Even assuming that A.R.S. § 14-3712 authorizes an award of attorneys’ fees, having found in favor of Tres, we deny Henni’s request.”
Wade v. Mhp 3 (Ariz. Ct. App. 2015). · cites it 2× “See A.R.S. § 14-3712. 5 Because we conclude Wade is not an aggrieved party, we do not address his remaining arguments.”
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