Suing An Estate Executor For Child Support In Phoenix
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If the concerns about the behaviour of the Executor still remain, you may be able to make an application to the Court to seek an Order for the current Executor to be removed.
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
If an executor is not communicating with beneficiaries, beneficiaries have a right to petition the court to try to compel the executor to provide information.
You also have the right to sue the executor for breach of fiduciary duty. If you think that the executor is simply failing to act or otherwise delaying things, you can petition the probate court to require the executor to act or even to have the executor removed.
You'll have to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you'll need to file a valid will, if one exists, and the death certificate.
When someone dies, their beneficiaries have up to two years to open probate. Once probate is opened, there aren't any time limits that will cause the case to expire.
Personal representatives (i.e., executors and administrators of the estate) are required to provide beneficiaries and other interested parties (i.e., persons or entities with a financial stake in the estate) with financial information about the estate they are overseeing.
For those claims, under ARS §14-3803(C)(2), the creditor must present a claim within four months after it arises or “two years after the decedent's death plus the time remaining in the period commenced by an actual or published notice pursuant to § 14-3801, subsection A or B,” whichever is later.
