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A.R.S. § 14-3611

Removing a Personal Representative

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

Any interested person can petition the court to remove a personal representative for cause. Grounds include mismanagement, ignoring court orders, or incapacity. Failing to respect the decedent's written wishes about remains also qualifies. Once removal proceedings start, the representative's authority is limited.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Who Can File and What Happens Next

Any person with an interest in the estate can petition the court to remove a personal representative. Once filed, the court sets a hearing date. The petitioner must notify the representative and anyone else the court directs.

Between the notice and the hearing, the court sharply limits the representative's powers. The representative can account for past actions, correct any mismanagement, and preserve estate assets. Beyond that, they generally cannot act unless the court orders otherwise.

Cause for removal exists under any of the following circumstances: 1. If removal would be in the best interests of the estate. 2. If it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the personal representative's appointment.

A.R.S. § 14-3611(B)(1)-(2)

The Four Grounds for Removal

The law identifies four specific grounds. First, removal can happen because it is in the best interests of the estate.

Second, the representative or the person who sought their appointment may have lied about material facts. As a result, that is cause for removal.

Third, the court can remove a representative who ignored a court order or mismanaged the estate. This also covers someone who became unable to serve or failed to carry out any duty of the office.

Fourth, if the representative ignored the decedent's written wishes about remains, that also qualifies.

When the court orders removal, it directs what happens to the remaining assets. The court appoints a successor to continue the work. The estate does not go without leadership during the transition.

A. A person interested in the estate may petition for removal of a personal representative for cause at any time. On filing of the petition, the court shall fix a time and place for a hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in section 14-3607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or to preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed. B. Cause for removal exists under any of the following circumstances: 1. If removal would be in the best interests of the estate. 2. If it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the personal representative's appointment. 3. If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of that office, has mismanaged the estate or has failed to perform any duty pertaining to that office. 4. If it is shown that the personal representative has disregarded the reasonable written wishes of the decedent regarding the disposition of the decedent's remains. C. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.

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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