Executor Resignation and Removal Requirements in Arizona

At a glance

Requirements one by one

An interested person may petition at any time

Under A.R.S. § 14-3611, a person interested in the estate may petition to remove a personal representative for cause at any time. The court fixes the hearing time and place, and the petitioner gives notice to the representative and anyone else the court orders.

The statute does not state a separate court-own-motion or bond-surety petition route. It does give a domiciliary personal representative a specialized route to remove the Arizona representative of local assets while securing ancillary appointment for the domiciliary representative or nominee, unless the will directs otherwise.

The general removal decision remains discretionary

Section 14-3611 identifies four cause categories: removal would serve the estate's best interests; the representative or appointment seeker intentionally misrepresented material appointment facts; the representative disregarded a court order, became incapable, mismanaged the estate, or failed an office duty; or the representative disregarded the decedent's reasonable written wishes for disposition of remains.

The section says cause “exists” but does not command removal whenever a ground is shown. Separate termination events are automatic or successor-dependent. Under § 14-3609, death or appointment of a conservator for the representative's estate terminates the appointment. Under § 14-3612, a change in testacy status does not itself terminate the representative; the termination occurs when a person entitled under the later assumption is appointed.

Removal notice immediately narrows the representative's authority

After receipt of removal notice, Section 14-3611 bars ordinary action. Unless the court orders otherwise under § 14-3607, the representative may act only to account, correct maladministration, or preserve the estate. If removal is ordered, the court must direct disposition of assets still in the departing representative's name or control.

Section 14-3607 also supplies a separate protective route. A person appearing to have an estate interest may seek a temporary order restraining specified administration, disbursement, or distribution, or another order securing proper performance, when action may unreasonably jeopardize an interested person. The hearing is within 10 days unless the parties agree otherwise, with notice as the court directs.

Resignation has notice, successor, qualification, and delivery conditions

Under § 14-3610(C), the representative files a written resignation statement with the registrar after giving at least 15 days' written notice to known interested persons. If no one applies or petitions for a successor within the notice period, the filed statement is ineffective as a termination.

Even when a successor is timely sought, resignation becomes effective only after that successor is appointed and qualified and the assets are delivered. The section requires neither interested-person consent nor a separate good-cause or no-jeopardy finding.

Termination preserves liability, accounting, and delivery duties

Section 14-3608 ends the former representative's office powers and authority to represent the estate in proceedings. It does not discharge liability for earlier transactions or omissions, the duty to preserve controlled assets, the duty to account, or the duty to deliver assets, and it does not end the court's jurisdiction over the representative.

Before distribution or a restraining order, the former representative may still take acts necessary to protect the estate and deliver assets to the successor. The cited termination sections state no special final-account deadline, compensation result, or bond/surety release.

Successor and surviving-cofiduciary authority are separate

Section 14-3613 sends successor appointment through the ordinary appointment articles. Once appointed and qualified, the successor may be substituted into the former representative's actions and proceedings; previously served notice, process, and claims need not be repeated. The successor ordinarily inherits the former representative's powers and duties.

Section 14-3716 requires the successor to complete administration and distribution as expeditiously as possible but withholds any will power made personal to the named representative. Under § 14-3718, remaining co-representatives may exercise all office powers unless the will provides otherwise.

The cited provisions state no special removal appeal, stay, or reinstatement. Section 14-3612's changed-testacy route separately allows a request to appoint the former representative under the new status if no new appointment request is made within 30 days after the applicable appeal time expires.

What trips people up

• A filed resignation is not enough. A timely successor request, appointment, qualification, and asset delivery all matter.
• Removal notice changes authority before the hearing. Ordinary estate action stops, subject to the narrow statutory exceptions and court orders.
• A later will does not automatically terminate the appointment. Arizona waits for appointment under the later testacy assumption unless the court orders otherwise in formal proceedings.

Common questions

Who gives notice of the removal hearing? The petitioner gives notice to the personal representative and to other persons the court orders.

May the court restrain action before deciding removal? Yes. Section 14-3607 permits a temporary protective order and ordinarily sets the matter for hearing within 10 days.

Does termination erase liability for prior administration? No. Section 14-3608 expressly preserves liability for pre-termination transactions and omissions, along with preservation, accounting, and delivery duties.

Statutes and sources

• A.R.S. § 14-1302 — estate jurisdiction and fiduciary-enforcement powers. — https://www.azleg.gov/ars/14/01302.htm (accessed 2026-08-28)
• A.R.S. §§ 14-3607 to 14-3613 — restraint, termination effects, death or disability, resignation, removal, changed testacy, and successor transition. — official current text for § 14-3607, § 14-3608, § 14-3609, § 14-3610, § 14-3611, § 14-3612, and § 14-3613 (accessed 2026-08-28)
• A.R.S. §§ 14-3716 and 14-3718 — successor and surviving- corepresentative powers. — official current text for § 14-3716 and § 14-3718 (accessed 2026-08-28)