Arizona Statutes

§ 14-3713 — Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions

Arizona·Title 14 Arizona Revised Statutes·Ch. 3 PROBATE OF WILLS AND ADMINISTRATION·Art. 7 Duties and Powers of Personal Representatives

Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless either:

1.The will or a contract entered into by the decedent expressly authorized the transaction.
2.The transaction is approved by the court after notice to interested persons.

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Related

Matter of Estate of Stephens
574 P.2d 67 (Court of Appeals of Arizona, 1978)
17 case citations
Kimball v. Perkins
(Court of Appeals of Arizona, 2016)

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