What Happens When a Personal Representative or Trustee Won’t Communicate?

Q: What Happens When a Personal Representative or Trustee Won’t Communicate?

In Arizona, trustees and personal representatives must keep beneficiaries informed and respond to reasonable requests for information under A.R.S. § 14-10813 and related laws. If they refuse, beneficiaries can demand an accounting, petition the court to compel communication, or seek removal. Berk Law Group’s Scottsdale attorneys help enforce fiduciary transparency and protect your rights.

The Problem: Silence and Stonewalling

In Arizona, beneficiaries and heirs have a right to information. When a personal representative (PR) or trustee refuses to communicate, it can create distrust, delay distributions, and even conceal misconduct. Unfortunately, this situation is common — especially when family members are appointed or when a fiduciary misunderstands their obligations under Arizona law.

Fiduciaries Have a Legal Duty to Inform and Account

Under Arizona law, personal representatives and trustees must keep interested parties reasonably informed about the administration of the estate or trust.

For trustees: the Arizona Trust Code requires them to provide beneficiaries with relevant information about the trust and its administration and to respond to reasonable requests for details.
For personal representatives: The Arizona Probate Code imposes duties of transparency and accountability regarding estate assets, debts, and distributions.

This means a fiduciary can’t simply “go silent.” They are legally obligated to share updates, documents, and accountings upon request.

Your Options When a Fiduciary Won’t Respond

If a PR or trustee ignores requests for information, beneficiaries can:

Send a formal written demand for an accounting or disclosure of information.
Petition the probate court to compel the fiduciary to account or produce records.
Request the court to remove or suspend the fiduciary for cause.
Seek damages if the lack of communication conceals losses, mismanagement, or misconduct.

Courts take communication failures seriously — especially if the fiduciary’s silence harms beneficiaries or appears to hide improper conduct.

When Silence Suggests Something More Serious

A lack of communication may be more than neglect. It can sometimes indicate:

Misuse or diversion of assets
Conflict of interest or self-dealing
Failure to follow the will or trust terms
Breaches of fiduciary duty

Prompt legal action helps ensure assets are preserved and your rights are protected.

How an Attorney Can Help

An experienced probate and trust litigation attorney can:

Review correspondence and fiduciary records
Draft formal demands and court petitions
Secure orders compelling communication or accountings
Seek removal or surcharge (financial penalty) if misconduct occurred

Often, a well-drafted demand letter from counsel is enough to break the silence and bring the fiduciary into compliance without going to court.

At Berk Law Group, We Get Answers

If a personal representative or trustee refuses to communicate, don’t wait. Our Scottsdale, Arizona probate and trust litigation attorneys help beneficiaries enforce their rights and compel fiduciaries to be transparent and accountable. Contact us today for a confidential consultation and learn how we can help you get the information you deserve.

Watch this video to learn more!