This model form, a Petition for Removal of Personal Representative - Arizona, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).
Mesa Arizona Petition for Removal of Personal Representative
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-PB-2
Format:
Word;
Rich Text
Instant download
Description
How to fill out Arizona Petition For Removal Of Personal Representative?
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FAQ
How Long Does Probate Take in Arizona. According to Arizona law, probate proceedings must be kept open for at least 4 months to allow any creditors to make their claims. Informal probates typically last between 6-8 months, depending on how quickly the Personal Representative completes their required duties.
Compensation for an Arizona Personal Representative Generally personal representatives receive reasonable compensation paid at $25 to $50 per hour.
Once the Grant has been received the personal representative has a duty to collect in the assets of the deceased, pay the liabilities and distribute the estate to the beneficiaries. They have many powers to assist them when dealing with an estate e.g. power to sell property, insure property and invest monies, etc.
You can make an application to remove an Executor either before a Grant of Probate has been issued or after. Generally, if such an application is made after the issue of a Grant of Probate, it would be made to the High Court under Section 50 of the Administration of Justice Act 1985.
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.
For instance, if a personal representative (executor) wants to get paid from the estate for the services he/she provides, proper notice and disclosure must be made within 120 days of the appointment. Generally, personal representative (executor) compensation is based on a reasonable $25 to $50 hourly rate standard.
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.
According to Arizona law (ARS14-3108), the executor of an estate has two years from the date of death to file probate. This timeframe can be extended under certain circumstances, such as if the deceased left behind minor children.
