§ 13.3.1.4 GOOD FAITH REQUIREMENT

• Jurisdiction: Arizona

§ 13.3.1.4 Good Faith Requirement

A.R.S. § 14-3720 makes clear that success is not a requirement for recovery of attorneys' fees by the personal representative from the estate, and the cases have consistently so held. E.g., In re Estate of Headstream, 214 Ariz. 530, 536, 155 P.3d 1054, 1060 (App. 2007) (holding a personal representative acting in good faith is entitled to attorneys' fees "regardless of whether he prevails"); In re Killen's Estate, 188 Ariz. 569, 573, 937 P.2d 1375, 1379 (App. 1996) ("the personal representative need not be the successful party to be entitled to an award of fees and costs from the estate"). Rather, the determinative factor for the personal representative's eligibility to recover reasonable attorneys' fees is whether his actions were taken in good faith. "Under A.R.S. section 14-3720, the only circumstance in which the...