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A.R.S. § 14-3607

Restraining a Personal Representative

Verified April 4, 202657th Legislature, 1st Regular Session

If a personal representative may take action that could harm an interested person's stake, the court can issue a temporary restraining order. The court must set the matter for hearing within ten days.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

When the Court Steps In

Being named personal representative comes with broad authority to manage estate assets. But that authority is not unlimited.

When someone with an interest in the estate believes the representative is breaching their fiduciary duty, they can ask the court for a temporary restraining order. The same applies if the representative is about to cause unreasonable harm.

On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or may exercise any powers or discharge any duties of his office, or may make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person.

A.R.S. § 14-3607(A)

The court can block specific actions, such as selling property, making distributions, or spending estate funds. The court can also name business parties to the proceeding.

A Fast Timeline for Resolution

This is not a process that drags on. The statute requires the court to set a hearing within ten days, unless both sides agree to a different schedule.

The personal representative and their attorney receive notice. Anyone else named in the petition also receives notice.

The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.

A.R.S. § 14-3607(B)

This built-in speed reflects how quickly estate assets can be lost. For example, a representative who depletes accounts or sells property below market value can cause damage that is hard to reverse.

The ten-day hearing window gives the court a chance to intervene before that happens.

14-3607. Order restraining personal representative A. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or may exercise any powers or discharge any duties of his office, or may make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties. B. The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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