Wills

questions & answers

Question: I would like to file a formal complaint against a trustee of an estate for which I am a beneficiary. Where can I file my complaint?

Answer:

AZLawHelp Question 22131

Petition

A personal representative or a trustee is appointed by the probate court to administer the estate of a person who died. A person interested in the estate may petition for removal of a personal representative for cause at any time. Once the petition is filed the court will set a time and place for a hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Once the personal representative receives the notice, he shall not act except to account, to correct maladministration or to preserve the estate. If removal is ordered, the court also shall order the assets remaining in the name of, or under the control of, the personal representative to be removed.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/03611.htm&Title=14&DocType=ARS

Cause for Removal

The following reasons are cause for removal:
•The removal would be in the best interests of the estate.
•Evidence personal representative intentionally misrepresented important facts in the proceedings.
•Evidence the personal representative disregarded an order of the court, has become incapable of the duties of that office, has mismanaged the estate or has failed to perform any duty of that office.
•Proof that the personal representative has disregarded the reasonable written wishes of the decedent regarding the disposition of the decedent's remains.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/03611.htm&Title=14&DocType=ARS