Do beneficiaries or interested persons in Arizona have the right to demand an accounting during probate?
Short answer: Yes. Under Arizona probate law, people who have an interest in an estate—commonly called beneficiaries or interested persons—generally can ask the court to require the personal representative (executor or administrator) to produce a detailed accounting of estate assets, receipts, disbursements and transactions. If the personal representative refuses or the accounting appears incomplete or incorrect, you can ask the probate court to compel a formal accounting and take corrective action.
Detailed answer — how it works in Arizona
This section explains what an accounting is, who may request one, what the court can do, and practical steps you can take.
What an accounting is
An accounting is a written record that shows: the assets the estate owned at the decedent’s death, property added or lost during administration, money received by the estate, payments the personal representative made (debts, taxes, costs, distributions), fees charged, and the current estate balance. Accountings can be informal (shared directly with beneficiaries) or formal (filed with the court and sworn).
Who may ask for an accounting
Beneficiaries, heirs, creditors with a proper interest, and other “interested persons” typically have standing to request an accounting. If you would receive or might receive a distribution, you are usually an interested person.
What Arizona law requires
Arizona’s probate statutes require personal representatives to preserve estate assets, keep accurate records and account for their administration. The Arizona Revised Statutes govern probate practice; see Title 14 — Estates and Trusts for the statutory framework relevant to inventories, accountings, and the court’s authority to supervise personal representatives: https://www.azleg.gov/arsDetail/?title=14
Informal versus formal accountings
Often the personal representative provides an informal accounting directly to beneficiaries. If the information is sufficient and everyone agrees, the matter can proceed without court involvement. If beneficiaries disagree, suspect mismanagement, or the personal representative will not cooperate, you can ask the court to require a formal accounting. A formal accounting is typically filed with the probate court, accompanied by supporting documentation and an oath or declaration.
How to ask the court to compel an accounting
- Request information in writing from the personal representative. Send a polite but specific written request that lists documents and time periods you want (bank statements, receipts, paid bills, inventory, tax filings, distributions).
- If the representative refuses or you get incomplete records, file a petition in the probate court that is handling the estate asking the judge to order an accounting. The local court clerk can tell you how to file the petition and what filing fee applies.
- The court will generally give the personal representative an opportunity to respond. If the judge orders a formal accounting, the representative must file it with the court and provide notice to interested persons.
- If the court finds mistakes, omissions, or misconduct, it can order corrections, surcharge (require repayment for losses), remove the personal representative, or take other remedial steps.
What evidence is useful
Copies of estate inventories, bank and brokerage statements, check registers, paid invoices, receipts for sales or transfers, tax filings, and correspondence about estate transactions all support an accounting or a challenge to an accounting.
Possible outcomes
- The court orders a formal accounting and accepts it as accurate.
- The court orders additional documentation or corrections to the accounting.
- The court finds mismanagement and orders a surcharge or removal of the personal representative.
- The court resolves disputes about fees and distributions after review of the accounting.
Where to find the law
Arizona’s probate rules and statutes are found in Title 14 of the Arizona Revised Statutes. For the full statutory framework, start here: https://www.azleg.gov/arsDetail/?title=14. Your county probate court’s website can also list local forms and filing procedures for probate petitions and accountings.
Practical steps you can take right now
- Ask the personal representative, in writing, for a complete accounting and specific documents (inventory, bank statements, receipts). Keep copies of your request and any responses.
- Check the probate case file at the county probate clerk’s office or online — many filings (inventory, petitions, reports) are public and may already be in the court record.
- If you receive an accounting and you have questions, document where numbers don’t match or where transactions are unexplained.
- If the personal representative refuses or you suspect wrongdoing, consult a probate attorney and consider filing a petition to compel an accounting with the probate court.
Helpful Hints
- Start with a written request. Courts expect you to try to resolve disputes before asking for judicial intervention.
- Keep clear records: save emails, letters, and copies of documents you obtain from the court file.
- Be specific in your court petition — list the documents and accounting periods you want the representative to explain.
- Remember standing rules: only interested persons (people with a potential stake in the estate) usually can compel an accounting.
- Courts can award remedies (surcharge, removal) if a representative mismanages assets. Filing a petition can prompt faster compliance.
- Probate practice varies by county. Contact the local probate clerk’s office for filing rules and fee schedules for your county’s probate court.
Disclaimer: This article explains general Arizona probate concepts and is not legal advice. Laws change and every situation differs. For advice about a specific estate or to file a petition in probate court, consult a licensed Arizona attorney who handles probate matters.