§ 13.3.3.1 COMMON FUND RECOVERY WAS HISTORICALLY UNAVAILABLE
| Jurisdiction | Arizona |
§ 13.3.3.1 Common Fund Recovery Was Historically Unavailable
Prior to adoption of the UPC, Arizona courts recognized the existence of the common fund doctrine as a theory for recovery of fees by an interested person to a decedent's estate, but uniformly held the probate court could not grant such equitable relief. This rule had its genesis in In re Balke's Estate, 68 Ariz. 373, 206 P.2d 732 (1949). There, the court found that estate administration is a "purely statutory" matter, and the statutes are controlling. As there was no statute allowing attorneys' fees to be paid to any attorney save for the personal...
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