Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Under Arizona probate law, an estate administrator (also called a personal representative) must distribute assets to beneficiaries according to the will or state intestacy rules. If the administrator delays or refuses payment, a beneficiary has several legal options to enforce payment:
- Request an Accounting: A beneficiary can demand an accounting of estate assets and debts. Pursuant to ARS §14-3701(A), the personal representative shall settle and distribute the estate and provide an accounting on request.
- File a Petition to Compel Distribution: Under ARS §14-3802, if the administrator fails to distribute assets within 9 months after appointment or 6 months after notice to creditors, the beneficiary may petition the court to order distribution of the inheritance share.
- Move to Remove or Surcharge the Administrator: If you suspect misconduct or breach of fiduciary duty, file a petition under ARS §14-3908. The court can surcharge the administrator for losses or remove and replace them.
- Seek Court Sanctions or Contempt: If the administrator willfully disobeys a court order, the court may impose sanctions, including contempt orders and fee awards.
Each action requires filing a petition in the probate court handling the estate. Provide documentation of your beneficiary status, the will or intestacy basis, and any attempts to communicate with the administrator. The court will review your request, schedule a hearing, and may require mediation before issuing an order for payment.
Helpful Hints
- Review the will and Arizona intestacy rules in ARS Title 14.
- Keep written records of all communications with the administrator.
- Track probate deadlines: you can petition for distribution after 9 months under ARS §14-3802.
- Consider professional guidance for complex estates or large asset values.
- Ensure the personal representative’s bond complies with ARS §14-3606 to cover potential losses.