Detailed Answer
Under Arizona law, you may petition the probate court to remove an estate administrator (also called a personal representative) who refuses or fails to carry out required duties. The process and grounds for removal are set out in the Arizona Revised Statutes.
Who Is an Estate Administrator?
An estate administrator is appointed by the court to manage a decedent’s property, pay debts, and distribute assets when no valid will names an executor. Once appointed, the administrator must comply with statutory duties such as filing inventories, accountings, and timely distributions.
Grounds for Removal
A personal representative may be removed for misconduct, willful failure to perform statutory duties, waste of estate assets, conflict of interest, or other good cause. See Arizona Revised Statutes §14-3811(B): https://www.azleg.gov/ars/14/03811.htm
Steps to Petition for Removal
- Document Failures: Gather evidence of missed deadlines, unfiled inventories or accountings, failure to notify heirs, or misappropriation of funds.
- Prepare a Petition: File a formal petition in the probate court where the estate is open. Cite A.R.S. §14-3811(B) as grounds for relief.
- Provide Notice: Serve the petition on the administrator and all interested parties, including heirs and beneficiaries, in accordance with A.R.S. §14-3703.
- Attend the Hearing: Present your evidence at the court hearing. The judge will consider whether removal serves the estate’s best interests.
- Successor Appointment: If the court orders removal, it will appoint a successor personal representative. The court may require a bond under A.R.S. §14-3706: https://www.azleg.gov/ars/14/03706.htm
Helpful Hints
- Keep organized records of all communications, filings, and financial transactions.
- Consult a probate attorney licensed in Arizona to ensure your petition meets court requirements.
- File your petition promptly—Arizona imposes strict timelines under A.R.S. §14-3701.
- Consider asking the court to impose or increase a bond on the current administrator to protect estate assets.
- Propose a qualified successor representative to minimize delays in estate administration.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific legal situation.