Suing An Estate Executor Without A Will In Arizona
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The children of the person who has died inherit the whole estate. This applies however much the estate is worth. If there are 2 or more children, the estate will be divided equally between them.
If the decedent names a personal representative in their last will and testament, they're referred to as an executor. If the decedent did not have a will, or if the will was invalidated, the court will appoint an administrator to serve as personal representative.
As long as there aren't any contests to the will or objections to the executor's actions, the executor will be allowed to settle the estate at the conclusion of the four-month waiting period. That means an executor who is on top of their responsibilities could theoretically wrap up probate in as little as four months.
If you die with no surviving spouse or descendants, your parents will inherit all of your estate. If you die with no surviving spouse, descendants or parents, your siblings will inherit all of your estate.
If someone dies without a will, their estate assets will pass by intestate succession. Intestate succession means that any part of the estate not covered by the decedent's will goes to the decedent's spouse and/or other heirs under Arizona law. (The decedent is the person who died.)
Biological children born when you were alive have strong rights to inheritance under Arizona inheritance law. In fact, any child born within your marriage is considered your own. In addition, children you've adopted and those conceived before, but born following, your death are granted equal privilege.
Who Gets What in Arizona? If you die with:here's what happens: children but no spouse children inherit everything spouse but no descendants spouse inherits everything a spouse and descendants from you and that spouse spouse inherits everything3 more rows
In circumstances where the executor has not necessarily acted wrongly, but all of the beneficiaries agree that they do not want the appointed executor to act, they can request that the executor consent to being removed or, if it is early enough in the estate administration process, seek an agreement that the named ...
Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate. A probate lawyer can assist with this process.
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
