Yes — But You Need Legal Grounds
In Arizona, both personal representatives (PRs) and trustees can be removed if they breach their fiduciary duties, fail to communicate, mismanage assets, or fail to perform their legal obligations. Removal by the court isn’t automatic — it requires proof that the fiduciary’s conduct harms the estate or beneficiaries or undermines confidence in their administration. A trust may contain options to remove a trustee, for example, by majority vote of the beneficiaries or contain other provisions to avoid the need to go to court to remove a bad trustee.
Grounds for Removing a Personal Representative
Under A.R.S. § 14-3611, a court may remove a personal representative for “cause” if:
- If removal would be in the best interests of the estate.
- If it is shown that a personal representative or the person seeking the personal representative’s appointment intentionally misrepresented material facts in the proceedings leading to the personal representative’s appointment.
- If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of that office, has mismanaged the estate or has failed to perform any duty pertaining to that office.
- If it is shown that the personal representative has disregarded the reasonable written wishes of the decedent regarding the disposition of the decedent’s remains.
The court can suspend the PR during proceedings to prevent further harm.
Grounds for Removing a Trustee
Under A.R.S. § 14-10706, a Court may remove a trustee if:
- The trustee has committed a material breach of trust.
- Lack of cooperation among cotrustees substantially impairs the administration of the trust.
- Because of unfitness, unwillingness or persistent failure of the trustee to administer the trust for the benefit of the beneficiaries, the court determines that removal of the trustee best serves the interests of the beneficiaries.
- There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust and a suitable cotrustee or successor trustee is available.
The court may appoint a successor trustee to continue administration without disrupting the estate or trust.
Warning Signs a Fiduciary Should Be Removed
Beneficiaries should watch for:
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Lack of communication or refusal to provide information
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Missing or misused funds
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Conflicts of interest or self-dealing
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Failure to distribute assets timely
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Ignoring court orders or deadlines
Documenting these issues early can make removal proceedings easier.
What Happens After Removal
Once removed, the fiduciary must:
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Turn over all records and assets to the successor
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File a final accounting, unless otherwise ordered by the court
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May be surcharged (financially penalized) for losses caused by their misconduct
- Comply with any court orders
Beneficiaries can also pursue recovery of damages or attorney’s fees if bad faith or willful misconduct is proven.
At Berk Law Group, We Protect Estates and Trusts from Mismanagement
If a trustee or personal representative isn’t fulfilling their duties, our Scottsdale, Arizona fiduciary litigation attorneys can help. We pursue removal actions, compel accountings, and hold fiduciaries accountable — all while protecting the estate, trust and beneficiaries. Contact us today to discuss your case and ensure Arizona’s fiduciary laws are enforced.
