Pierce v. Molet

OPINION

SULT, Judge.

¶ 1 Arizona Revised Statutes (“A.R.S.”) § 14-3720 (1995) permits a personal representative of a decedent’s estate to be reimbursed attorneys’ fees incurred in prosecuting or defending a claim, even though unsuccessfully, so long as the litigation is undertaken in good faith. The question raised in this appeal is whether our prior cases applying the statute have judicially engrafted a requirement that the personal representative also demonstrate that the litigation activities were a benefit to the estate. This opinion clarifies that “benefit to the estate” is not a statutory…