{"id":1038,"date":"2018-03-06T21:06:30","date_gmt":"2018-03-06T21:06:30","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?page_id=1038"},"modified":"2022-08-24T21:13:36","modified_gmt":"2022-08-24T21:13:36","slug":"executor-not-follow-will","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/executor-not-follow-will\/","title":{"rendered":"What To Do If Executor Does Not Follow The Will?"},"content":{"rendered":"
In the state of Arizona, the probate process is dictated by the Uniform Probate Code (UPC) and regulated by Arizona Revised Statutes Title 14 (ARS 14<\/a>).<\/p>\n When someone passes away, their estate is settled, distributed, and closed through probate. If the decedent has a last will and testament, the will should nominate a family member or friend to serve as their estate\u2019s executor (aka personal representative<\/a>). The executor will be tasked with handling the affairs of the estate through probate and will be personally responsible for ensuring the decedent\u2019s final wishes and instructions are carried out according to the will.<\/p>\n Most people leave the primary copy of their last will and testament with their executor. When the testator dies (the testator is the person who wrote the will), the executor will need to submit the will to the county probate court within 30 days of the testator\u2019s passing.<\/p>\n The executor will then submit a petition with the county probate court to open probate for the testator\u2019s estate. The petition usually asks for information on the decedent, their family, a summary of the estate\u2019s assets and liabilities, and a request for the nominated executor to be formally appointed by the court. As long as there are no contests to the will or objections to the executor, the court will usually appoint the executor without a formal hearing.<\/p>\n Once an executor has been formally appointed, they\u2019ll have 5 important responsibilities:<\/p>\n Throughout the probate process, the executor has a fiduciary duty<\/a> to manage the estate\u2019s assets with the same level of care that a prudent investor would use to handle their own investments. An executor can be held liable for failing to prudently manage the estate\u2019s assets.<\/p>\n As long as there aren\u2019t any contests to the will or objections to the activities of the executor, probate can proceed informally with no court supervision. Informal probate<\/a> can wrap up in as little as 5 months, but most informal probate cases in Arizona take about 6 \u2013 8 months.<\/p>\n If there are contests or objections that require hearings, the probate process will need to proceed formally with additional court supervision. Depending on the complexity of the case and the level of court supervision that\u2019s necessary, formal probate can take up to a year or longer to conclude.<\/p>\n When an executor fails to follow the instructions in the decedent\u2019s will or is remiss in their responsibilities, you have the right to file a complaint against the executor. Here\u2019s how you can contest the actions of an executor:<\/p>\n If the court finds evidence that the executor committed an honest mistake, the action will be corrected, and the executor will probably be allowed to continue in their position. If the mistake was intentional, or if there is evidence of fraud or neglect, the executor will be removed, and the judge will appoint a new personal representative. Most of the time the replacement is another family member, but the court has the ability to appoint a third-party special administrator<\/a> if necessary.<\/p>\n In some cases, the problem isn\u2019t that the executor isn\u2019t following the will\u2014the problem is that there\u2019s a mistake within the will itself. You can contest an invalid will for the following reasons:<\/p>\n If you\u2019re able to successfully contest the will, the judge will have to decide if the will is partially or fully invalid. If there are other versions of the will, the judge may look to those documents to assess the intentions of the testator. Where any parts of the will are invalidated, the assets that are addressed in that portion will become subject to the state\u2019s intestacy<\/a> laws.<\/p>\n For long-term peace of mind, contact us to set up a consultation today. We look forward to helping with your will and other estate planning needs.<\/p>\nHow is the Executor Appointed?<\/h2>\n
What are the Executor\u2019s Responsibilities?<\/h2>\n
\n
The Executor\u2019s Fiduciary Duty<\/h2>\n
How Long Does it Take to Distribute an Estate?<\/h2>\n
How to Contest the Actions of the Executor<\/h2>\n
\n
\n
How to Contest a Will<\/h2>\n
\n