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.