Detailed answer — how the probate process addresses unauthorized charges (Arizona)

When someone incurs charges or removes assets from a deceased person’s estate without legal authority, those actions are treated as improper deductions or possible misappropriation by the estate’s personal representative (PR) or by third parties. Under Arizona probate practice the main ways these issues are handled are through the estate administration records and the probate court’s oversight of the personal representative.

Key steps in the probate process that matter

1. Inventory and appraisement: The PR must identify estate assets and typically files an inventory or provides an accounting to the court and beneficiaries. That record shows balances, transfers, and payments made by the estate.
2. Request the accounting and supporting documents: Beneficiaries have the right to ask for the estate accounting and copies of bank statements, cancelled checks, credit card statements, receipts, and invoices used by the PR. If the PR is hiding or not producing records, beneficiaries can ask the court to order production.
3. Object to questionable charges in court: If an accounting shows charges that were unauthorized (for example, personal charges by the PR, payments that lack supporting receipts, or charges after the decedent’s death that were not valid estate expenses), beneficiaries can file objections with the probate court. The court will evaluate whether the charges were proper estate expenses, legitimate debts, or improper takings.
4. Remedies the court can order: If the court finds the charges were improper, it can order the PR or the party who took money or property to return it to the estate. The court can also impose a surcharge (financial penalty), order repayment with interest, remove the PR for breach of duty, and award attorney’s fees in appropriate circumstances.
5. Civil and criminal options: Improper removal of estate assets can also be a civil claim (conversion, breach of fiduciary duty, unjust enrichment) or, in severe cases, a criminal matter (theft). Beneficiaries may pursue a civil lawsuit against the PR or other parties, and may report suspected theft or fraud to law enforcement.

How the court decides if a charge is “unauthorized”

The court looks at whether the charge was (a) a valid estate expense (funeral, taxes, legitimate debts), (b) authorized by the will or by statute, or (c) a personal benefit to the PR or another person with no legal basis. The PR must account for each payment and show it was for a proper purpose. If the PR cannot justify a charge, the court may rule it unauthorized.

Typical outcomes

• Repayment of unauthorized charges to the estate (with possible interest).
• Surcharge against the PR’s compensation or other personal assets when the PR caused the loss by wrongdoing or negligence.
• Removal of the PR and appointment of a successor PR.
• Entry of a judgment or civil recovery against the person who took the funds, and possible criminal referral.

Where to find Arizona laws and court rules

Arizona’s probate statutes and rules govern how accountings, objections, and PR duties work. You can review Arizona Revised Statutes, Title 14 (Probate) for the controlling statutory framework: A.R.S. Title 14 — Trusts, Estates and Protective Proceedings. For court procedures and local probate forms, see the Arizona Courts probate self-help pages: Arizona Courts — Probate Self-Help.

Hypothetical example

Suppose a personal representative pays a family credit card bill using estate funds even though the card was only for the PR’s personal purchases after the decedent’s death. A beneficiary who sees that charge on a bank statement can ask for the PR’s receipts and then file an objection with the probate court. The court could order the PR to repay the estate, remove the PR for breaching fiduciary duty, and award costs to the estate.

Practical timeline and immediate actions to take

1. Ask the PR for a copy of the estate inventory and all accountings, plus copies of bank and credit card records showing the charge.
2. Preserve evidence: save statements, emails, texts, and any receipts that show unauthorized charges or transfers.
3. File a written objection with the probate court and request a hearing if you believe charges are improper. If the PR refuses to produce records, ask the court to compel production.
4. If you suspect theft or fraud, consider filing a police report and notifying the county attorney’s office in addition to raising the issue in probate court.
5. Consider seeking counsel experienced in Arizona probate and fiduciary litigation to evaluate removal, surcharge, or civil claims.

Helpful Hints

• Keep communications written. Email or text requests to the PR for records so you have a paper trail.
• Don’t assume a transaction is authorized. Ask the PR to justify every unusual payment.
• Document timing. Note when you first became aware of the charge — that can matter in court timelines and challenges.
• Get copies of bank and credit-card statements yourself if possible (you may be entitled to them through the probate process).
• Ask the court clerk how to file a formal objection and what forms or fees apply. Local clerks can tell you procedural steps but cannot give legal advice.
• Act promptly. Probate has procedural deadlines; delay can make remedies harder to obtain.
• If the PR is the one who made the charge, consider measuring likely recovery costs against potential recovery; small unauthorized sums sometimes cost more to litigate than they are worth—but they can indicate larger problems.