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 the petition is filed, the court sets a hearing date and requires the petitioner to notify the personal representative and anyone else the court directs.
Between the notice of removal proceedings and the actual hearing, the personal representative's powers are sharply curtailed. They can account for what they have done, correct any mismanagement, and take steps to 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
Arizona identifies four specific grounds. First, removal can happen simply because it would be in the best interests of the estate. Second, if the personal representative or the person who sought their appointment intentionally misrepresented material facts during the appointment process, that is cause for removal.
Third, the court can remove a representative who has disregarded a court order, become incapable of performing the duties, mismanaged the estate, or failed to carry out any duty of the office. Fourth, if the personal representative has disregarded the decedent's reasonable written wishes regarding the disposition of remains, that also qualifies as cause.
When removal is ordered, the court also directs what happens to the assets still under the removed representative's control. The estate does not sit in limbo. A successor is appointed to continue the administration.
