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Can you have someone removed as executor of an estate?

Last reviewed 2026-08-25

Statute-verified answerEvery citation resolves to Arizona statute text; every figure is checked against its section. Generated by AI, verified by code.
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 [1]. 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 [1]. 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 [1]. Cause for removal exists if any of the following is shown [1]: 1. Removal would be in the best interests of the estate [1]. 2. The personal representative, or the person who sought their appointment, intentionally misrepresented material facts in the appointment proceedings [1]. 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 [1]. 4. The personal representative has disregarded the decedent's reasonable written wishes regarding disposition of the decedent's remains [1]. 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 [1]. 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 [7]. 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 [5]. Also, removal of a trustee is governed by a different statute with different grounds [2], 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.

AI-drafted answer, not attorney-reviewed. Citations verified against azleg.gov. Legal information, not legal advice — consult a licensed attorney for your situation.

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