EXECUTORS
In Arizona,
the executor of a Will is known as the "personal representative" or "PR,"
for short. PRs have duties to properly administer the Estate of a
decedent (person who has died). A PR has a "fiduciary" duty.
The duties of an
Arizona personal representative (executor) may be grouped into several
broad categories:
-
Ascertaining the Estate
-
Collect
the assets of the Estate
-
Preserve and protect the assets of the Estate
-
Manage
the assets of the Estate
-
Give
notice to beneficiaries and others
-
Value
the Estate for tax and distribution purposes
-
Prepare
and file all necessary tax returns
-
Pay all
debts and expenses of the Estate
-
Distribute assets to heirs and beneficiaries
-
Close
the Estate
Removal of Executor
A person interested in
the estate may petition for removal of a personal representative for cause
at any time. Cause for removal exists under any of the following
circumstances:
1.
If removal
would be in the best interests of the estate.
2.
If it is
shown that a personal representative or the person seeking the personal
representative's appointment intentionally misrepresented material facts
in the proceedings leading to the personal representative's appointment.
3.
If it is
shown that the personal representative has disregarded an order of the
court, has become incapable of discharging the duties of that office, has
mismanaged the estate or has failed to perform any duty pertaining to that
office.
4.
If it is
shown that the personal representative has disregarded the reasonable
written wishes of the decedent regarding the disposition of the decedent's
remains.
For more
information about the duties of executors, click
here.
For
probate assistance in Arizona, call us at 928/445-3230 or
click
here
to
contact us.
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