Can you have someone removed as executor of an estate?

Question

Accepted Answer

Yes. Under Arizona law, a person interested in the estate may petition the court at any time to remove a personal representative (the term Arizona law uses for an executor) for cause . Once the petition is filed, the court sets a hearing, and the petitioner must give notice to the personal representative and to anyone else the court orders . After receiving notice of the removal proceedings, the personal representative generally may not act except to account, to correct maladministration, or to preserve the estate .

Cause for removal exists if any of the following is shown :

1. Removal would be in the best interests of the estate .
2. The personal representative, or the person who sought their appointment, intentionally misrepresented material facts in the appointment proceedings .
3. The personal representative has disregarded a court order, become incapable of performing the duties of the office, mismanaged the estate, or failed to perform any duty of the office .
4. The personal representative has disregarded the decedent's reasonable written wishes regarding disposition of the decedent's remains .

If removal is ordered, the court also directs by order what happens to assets remaining in the name or control of the removed personal representative . Termination of the appointment ends the personal representative's authority, but does not discharge them from liability for pre-termination transactions or omissions, or from the duty to preserve, account for, and deliver estate assets .

Note that a separate procedure exists for challenging the priority or qualification of a personal representative through a formal proceeding, which can result in termination of an improper appointment under the same removal provisions . Also, removal of a *trustee* is governed by a different statute with different grounds , so the process above applies to estate personal representatives, not trustees.

Because removal involves court filings, notice requirements, and a hearing, consulting a licensed Arizona probate attorney is advisable before proceeding.