Challenging an Approved Estate Accounting After One Year — Arizona Guide | Arizona Probate | FastCounsel
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Challenging an Approved Estate Accounting After One Year — Arizona Guide

August 14, 2025 6 min read

Detailed Answer

Short answer: In Arizona you can sometimes challenge a probate court’s approval of an estate accounting more than one year after the approval, but your options narrow with time. After the accounting is approved and the court signs a final order, beneficiaries and other interested persons generally must act quickly. If more than a year has passed you will usually need to ask the probate court to set aside or vacate its earlier approval under the court rules (for example, Rule 60 relief) or pursue separate civil claims against the personal representative. Relief is available in limited circumstances—typically when there was fraud, mistake, newly discovered evidence, lack of jurisdiction, or other extraordinary circumstances.

How the process usually works in Arizona

  1. Confirm the status of the accounting order. Determine whether the court’s approval was a final order, whether there were reserved objections or appeals, and whether any reopening provisions were written into the order. Review the probate docket and the written order approving the accounting.
  2. Identify the legal basis to challenge now. Common legal theories when an accounting was improperly approved include: fraud on the court or fraud on beneficiaries, material mistake or misrepresentation, newly discovered assets or evidence, lack of jurisdiction over the property or parties, or breach of fiduciary duty by the personal representative. If the issue is misconduct or missing assets, beneficiaries may be able to file a surcharge action (a claim that the personal representative must reimburse the estate) or a civil suit for conversion, breach of fiduciary duty, or fraud.
  3. Decide whether to seek to set aside the probate order (vacatur) or file a new claim.
    • To attack the court’s earlier approval of the accounting, you generally ask the probate court to set aside or vacate its prior order. Motions to vacate are governed by the court rules (see Arizona Rules of Civil Procedure Rule 60 for the civil counterpart often applied in probate matters) and the Arizona Rules of Probate Procedure. Under those rules, relief based on mistake, newly discovered evidence, or fraud must typically be sought within one year of the order; other grounds such as lack of jurisdiction may permit later challenges if promptly raised once discovered.
    • If the one-year rule prevents relief under Rule 60-type grounds, you may still be able to bring a separate civil action against the personal representative or third parties for breach of fiduciary duty, conversion, fraud, or similar causes of action. Those suits have their own statutes of limitations (found in Arizona statutes governing civil actions).
  4. Gather evidence and prepare a focused petition or complaint. Collect bank records, account statements, emails, appraisals, asset-transfer documents, receipts, and any proof that the personal representative concealed or misreported assets. If your case relies on “newly discovered evidence,” you must show why the evidence could not reasonably have been found earlier.
  5. File the appropriate pleading in the probate court or civil court.
    • If seeking to vacate the probate order: file a motion or petition in the probate case asking the probate court to set aside its order and schedule a hearing. The motion should cite the legal grounds (fraud, mistake, newly discovered evidence, lack of jurisdiction, etc.) and attach supporting evidence.
    • If filing a separate civil claim: file in the appropriate civil court a complaint against the personal representative (and possibly other involved parties). Civil suits may result in damages and an accounting ordered by the court; they may also permit recovery of attorney fees in certain situations.
  6. Serve parties and attend the hearing/trial. Proper service and notice to all interested persons and the personal representative is essential. Expect the court to require convincing proof—especially when you ask the court to revisit an order entered a long time ago.
  7. Possible outcomes.
    • The court may deny relief if the moving party waited too long or cannot show the necessary grounds.
    • If successful, the court could vacate its approval of the accounting, order a new accounting, surcharge the personal representative for losses, order return of concealed assets, or award damages/fees in a civil proceeding.

Key Arizona law and rules to review

Hypothetical example

Imagine a personal representative files a final accounting and the court approves it. Two years later a beneficiary finds bank records showing the representative transferred a sizeable estate asset to a personal account and never disclosed the transfer. Because the approval was entered more than a year ago, the beneficiary faces two tracks:

  • File a motion in the probate case to vacate the approval based on fraud. If the fraud was deliberately concealed, the court may consider vacatur even if the one-year point has passed—but relief is harder to obtain; you must show material fraud that prevented earlier discovery.
  • Alternatively (or in addition), file a civil suit for breach of fiduciary duty and conversion. That suit may provide damages, disgorgement of the transferred funds, and attorney fees if permitted by statute or agreement.

Either route requires strong documentary proof and prompt action after discovering the misconduct.

Practical steps to take right now

  1. Get and copy the probate court file and the signed order approving the accounting.
  2. Preserve all estate records, communications, bank statements, and evidence.
  3. Act promptly once you discover an issue; delays can bar relief.
  4. Consult a probate attorney experienced in Arizona estate litigation to evaluate whether to move to vacate the order or file a civil claim. A lawyer can assess deadlines, probable success, and costs.

Disclaimer

This article explains general Arizona law and is for educational purposes only. It does not provide legal advice, create an attorney-client relationship, or replace a consultation with a licensed Arizona attorney about your specific situation.

Helpful Hints

  • Time is critical—collect evidence and act as soon as you suspect wrongdoing.
  • If you find new documents or assets, document when and how you discovered them; that timeline matters for “newly discovered evidence” claims.
  • Carefully review the probate order: some orders include language that preserves certain objections or provides a deadline for reopening the estate.
  • Remember different claims use different deadlines: vacating a judgment and pursuing a civil claim may have different time limits.
  • Even if the probate court denies vacatur, a separate civil action may still be available.
  • When in doubt, consult a probate-litigation attorney promptly. Probate litigation can be technical and courts expect precise procedural compliance.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.