reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3308 - Informal appointment proceedings; proof and findings required

14-3308.
Informal appointment proceedings;  proof and findings required
A. In informal appointment proceedings,  the registrar must determine whether:
1. The application for informal appointment of a personal representative is complete.
2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief.
3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301,  subsection A.
4. On the basis of the statements in the application,  venue is proper.
5. Any will to which the requested appointment relates has been or is being simultaneously formally or informally probated,  except this requirement does not apply to the appointment of a special administrator.
6. Any notice required by section 14-3204 has been given.
7. From the statements in the application,  the person whose appointment is sought has priority entitling him to the appointment.
8. The will,  if any,  requires supervised administration.
B. Unless section 14-3612 controls,  the application must be denied if it indicates any of the following:
1. A personal representative who has not filed a written statement of resignation as provided in section 14-3610,  subsection C has been appointed in this or another county of this state.
2. The decedent was not domiciled in this state,  a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile and the applicant is not the domiciliary personal representative or his nominee.
3. Other requirements of this section have not been met.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3309 - Informal appointment proceedings; registrar not satisfied

14-3309.
Informal appointment proceedings;  registrar not satisfied
If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 14-3307 and 14-3308,  or for any other reason,  the registrar may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3310 - Informal appointment proceedings; notice requirements

14-3310.
Informal appointment proceedings;  notice requirements
The moving party must give notice as described by section 14-1401 of his intention to seek an appointment informally:
1. To any person demanding it pursuant to section 14-3204.
2. To any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3311 - Informal appointment unavailable in certain cases

14-3311.
Informal appointment unavailable in certain cases
If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state,  and which is not filed for probate in this court,  the registrar shall decline the application.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3401 - Formal testacy proceedings; nature; when commenced

14-3401.
Formal testacy proceedings;  nature;  when commenced
A. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 14-3402,  subsection A in which he requests that the court,  after notice and hearing,  enter an order probating a will,  or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application,  or a petition in accordance with section 14-3402,  subsection B for an order that the decedent died intestate.
B. A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may involve a request for appointment of a personal representative.
C. During the pendency of a formal testacy proceeding,  the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
D. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment,  a previously appointed personal representative,  after receipt of notice of the commencement of a formal probate proceeding,  must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied,  the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3402 - Formal testacy or appointment proceedings; petition; contents

14-3402.
Formal testacy or appointment proceedings;  petition;  contents
A. Petitions for formal probate of a will,  or for adjudication of intestacy with or without request for appointment of a personal representative,  must be directed to the court,  request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will must:
1. Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;
2. Contain the statements required for informal applications as stated in paragraph 1 of subsection B of section 14-3301 and the statements required by subdivisions (b) and (c),  paragraph 2 of subsection B of section 14-3301;  and
3. State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will or a certified copy of a will probated in another jurisdiction neither is in the possession of the court nor accompanies the petition,  the petition also must state the contents of the will,  and indicate that it is lost,  destroyed or otherwise unavailable.
B. A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs,  contain the statements required by paragraphs 1 and 4 of subsection B of section 14-3301 and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator,  in which case,  the statements required by subdivision (b),  paragraph 4 of subsection B of section 14-3301 may be omitted.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3403 - Formal testacy proceeding; notice of hearing on petition

14-3403.
Formal testacy proceeding;  notice of hearing on petition
A. On commencement of a formal testacy proceeding,  the clerk shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for notice under section 14-3204. Notice shall be given to the following persons: the surviving spouse,  children and other heirs of the decedent,  the devisees and executors named in any will that is being,  or has been,  probated,  or offered for informal or formal probate in the county,  or that is known by the petitioner to have been probated,  or offered for informal or formal probate in another jurisdiction,  and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. To the extent that the petitioner is not otherwise required by section 14-1401 to give notice by publication,  the petitioner shall give notice by publication in the manner prescribed by section 14-1401,  subsection A,  paragraph 3 to all unknown persons.
B. If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt,  or on the written demand of any interested person,  a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at the decedent's last known address. The court shall direct the petitioner to report the results of,  or make and report back concerning,  a reasonably diligent search for the alleged decedent in any manner that may seem advisable,  including any or all of the following methods:
1. By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent.
2. By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent.
3. By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3404 - Formal testacy proceedings; written objections to probate

14-3404.
Formal testacy proceedings;  written objections to probate
Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3405 - Formal testacy proceedings; uncontested cases; hearings and proof

14-3405.
Formal testacy proceedings;  uncontested cases;  hearings and proof
If a petition in a testacy proceeding is unopposed,  the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 14-3409 have been met,  or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary,  the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available,  execution of the will may be proved by other evidence or affidavit.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3406 - Formal testacy proceedings; contested cases; testimony of attesting witnesses

14-3406.
Formal testacy proceedings;  contested cases;  testimony of attesting witnesses
A. If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases,  the testimony of at least one of the attesting witnesses,  if within the state,  competent and able to testify,  is required. Due execution of an attested or unattested will may be proved by other evidence.
B. If the will is self-proved,  compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto,  unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3407 - Formal testacy proceedings; burdens in contested cases

14-3407.
Formal testacy proceedings;  burdens in contested cases
In contested cases,  petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death,  venue and heirship. Proponents of a will,  if they are also petitioners,  have the burden of establishing prima facie proof of death and venue. If a will is opposed by a petition for a declaration of intestacy,  it shall be determined first whether the will is entitled to probate.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3408 - Formal testacy proceedings; will construction; effect of final order in another jurisdiction

14-3408.
Formal testacy proceedings;  will construction;  effect of final order in another jurisdiction
A final order of a court of another state determining testacy,  the validity or construction of a will,  made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes,  or is based upon,  a finding that the decedent was domiciled at his death in the state where the order was made.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3409 - Formal testacy proceedings; order; foreign will

14-3409.
Formal testacy proceedings;  order;  foreign will
After the time required for any notice has expired,  upon proof of notice,  and after any hearing that may be necessary,  if the court finds that the testator is dead,  venue is proper and that the proceeding was commenced within the limitation prescribed by section 14-3108,  it shall determine the decedent's domicile at death,  his heirs and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative,  which may be appropriate in view of the relief requested and findings,  is governed by section 14-3612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death,  may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3410 - Formal testacy proceedings; probate of more than one instrument

14-3410.
Formal testacy proceedings;  probate of more than one instrument
If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding,  more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated,  the order shall indicate what provisions control in respect to the nomination of an executor,  if any. The order may,  but need not,  indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered,  no petition for probate of any other instrument of the decedent may be entertained,  except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 14-3412.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3411 - Formal testacy proceedings; partial intestacy

14-3411.
Formal testacy proceedings;  partial intestacy
If it becomes evident in the course of a formal testacy proceeding that,  though one or more instruments are entitled to be probated,  the decedent's estate is or may be partially intestate,  the court shall enter an order to that effect.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3414 - Formal proceedings concerning appointment of personal representative

14-3414.
Formal proceedings concerning appointment of personal representative
A. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative,  or of one who previously has been appointed personal representative in informal proceedings,  if an issue concerning the testacy of the decedent is or may be involved,  is governed by section 14-3402,  as well as by this section. In other cases,  the petition shall contain or adopt the statements required by section 14-3301,  subsection B,  paragraph 1 and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative,  it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment,  the previously appointed personal representative,  after receipt of notice thereof,  shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
B. After notice to interested persons,  including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy,  any previously appointed personal representative and any person having or claiming priority for appointment as personal representative,  the court shall determine who is entitled to appointment under section 14-3203,  make a proper appointment and,  if appropriate,  terminate any prior appointment found to have been improper as provided in cases of removal under section 14-3611.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3415 - Lost and missing wills; wills probated in other jurisdictions

14-3415.
Lost and missing wills;  wills probated in other jurisdictions
A. If an original will that was last seen in the possession of the testator cannot be found after the testator's death,  the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked.
B. If a will is found to be valid and unrevoked and the original will is not available,  its contents can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original. It is not necessary for this person to be an attesting witness to the will.
C. If a will is found to be valid and unrevoked and a copy of the will is not available,  its contents can be proved only by clear and convincing evidence. For this purpose it is not necessary for a witness to be an attesting witness to the will. On a finding of clear and convincing evidence of the contents of such a will,  the court,  by order,  shall set forth the contents of the will in reasonable detail.
D. If a certified copy of the will,  as probated in another jurisdiction,  is not available,  the contents of the will can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original,  as probated in the other jurisdiction. It is not necessary for this person to be an attesting witness to the will.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3501 - Supervised administration; nature of proceeding

14-3501.
Supervised administration;  nature of proceeding
Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court,  as well as to the interested parties,  and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this article,  or as otherwise ordered by the court,  a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3502 - Supervised administration; petition; order

14-3502.
Supervised administration;  petition;  order
A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously,  the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated,  the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration,  even though the request for supervised administration may be denied. After notice to interested persons,  the court shall order supervised administration of a decedent's estate:
1. If the decedent's will directs supervised administration,  it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration.
2. If the decedent's will directs unsupervised administration,  supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate.
3. In other cases if the court finds that supervised administration is necessary under the circumstances.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3503 - Supervised administration; effect on other proceedings

14-3503.
Supervised administration;  effect on other proceedings
A. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.
B. If a will has been previously probated in informal proceedings,  the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 14-3401.
C. After he has received notice of the filing of a petition for supervised administration,  a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3504 - Supervised administration; powers of personal representative

14-3504.
Supervised administration;  powers of personal representative
Unless restricted by the court,  a supervised personal representative has,  without interim orders approving exercise of a power,  all powers of personal representatives under this title,  but all sales of real property shall be subject to court confirmation and the personal representative shall not exercise his power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court must be endorsed on his letters of appointment and,  unless so endorsed,  is ineffective as to persons dealing in good faith with the personal representative.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3505 - Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing

14-3505.
Supervised administration;  interim orders;  distribution and closing orders;  annual accounts;  accounting on closing
A. Unless otherwise ordered by the court,  supervised administration is terminated by order in accordance with time restrictions,  notices and contents of orders prescribed for proceedings under section 14-3931. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.
B. A supervised personal representative shall file an account with the court not less than annually during his administration,  and on closing shall file a final account to be approved under section 14-3931. He shall also account to the court on resignation or removal. Subject to appeal or vacation within the time permitted,  an order made on notice and hearing allowing an intermediate account of a personal representative adjudicates his liabilities concerning matters considered in connection therewith. A copy of the intermediate account must be sent to all interested parties along with notice of hearing on the account. In connection with any account,  the court may require the personal representative to submit to physical check of the estate in his control,  to be made in any manner the court may specify.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3602 - Acceptance of appointment; consent to jurisdiction

14-3602.
Acceptance of appointment;  consent to jurisdiction
By accepting appointment,  a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative,  or mailed to him by ordinary first class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3603 - Bond required; exceptions

14-3603.
Bond required;  exceptions
A. A bond is required of a personal representative unless either:
1. The will expressly waives the bond.
2. All of the heirs if no will has been probated,  or all of the devisees under a will that does not provide for waiver of the bond,  file with the court a written waiver of the bond requirement. A duly appointed guardian or conservator may waive on behalf of the ward or protected person unless the guardian or conservator is the personal representative.
3. The personal representative is a national banking association,  a holder of a banking permit under the laws of this state,  a savings and loan association authorized to conduct trust business in this state,  a title insurance company that is qualified to do business under the laws of this state,  a trust company holding a certificate to engage in trust business from the deputy director of the financial institutions division of the department of insurance and financial institutions or the public fiduciary.
4. The petition for formal or informal appointment alleges that the probable value of the entire estate will allow summary procedures under section 14-3973 and the surviving spouse,  or the nominee of the surviving spouse,  is applying for appointment as personal representative.
B. In any case where a bond is not required under subsection A of this section,  the court,  on petition of any interested person and on reasonable proof that the interest of the petitioning person is in danger of being lost because of the administration of the estate,  may require a bond in such an amount as the court may direct to protect the interest of the petitioner or of the petitioner and others. An heir or devisee who initially waived bond may be a petitioner under this subsection.
C. If a bond is not initially required because the petition for appointment alleges that the probable value of the entire estate will allow summary procedures under section 14-3973,  and it later appears from the inventory and appraisal that the value of the estate will not allow use of such procedures,  then the personal representative must promptly file a bond unless one is not required for some other reason under subsection A of this section.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3604 - Bond amount; security; procedure; reduction

14-3604.
Bond amount;  security;  procedure;  reduction
A. If bond is required and the provisions of the will or order do not specify the amount,  unless stated in his application or petition,  the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent,  real estate,  less encumbrances thereon and of the income expected from the personal and real estate during the next year,  and he shall execute and file a bond with the registrar,  or give other suitable security,  in an amount not less than the estimate provided,  however,  that said bond may be reduced by the amount of any real estate,  less encumbrances thereon,  if the letters issued to the personal representative contain the restriction that sales of real property by the personal representative are subject to court confirmation. The registrar shall determine that the bond is duly executed by a corporate surety,  or one or more individual sureties whose performance is secured by pledge of personal property,  mortgage on real property or other adequate security. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with the clerk of the court or a domestic financial institution,  as defined in section 14-6101,  in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond,  increase or reduce the amount of the bond,  release sureties,  or permit the substitution of another bond with the same or different sureties.
B. When a surety of a personal representative desires to be released from responsibility for future acts,  he may apply to the court for a release. The court shall cause a citation to be issued to the personal representative,  requiring him to appear at a time and place therein specified,  and to give other security. Notice shall be given to the personal representative as provided in section 14-3602. If new security is given and approved by the judge he may thereupon order that the surety who applied for release shall not be liable on his bond for any subsequent act,  default or misconduct of the personal representative. If the personal representative neglects or refuses to give new and sufficient security on the return of the citation,  or within such reasonable time as the judge allows,  unless the surety making the application consents to an extension of time,  the court shall revoke the letters.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3606 - Terms and conditions of bonds

14-3606.
Terms and conditions of bonds
A. The following requirements and provisions apply to any bond required by this article:
1. Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
2. Unless otherwise provided by the terms of the approved bond,  sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.
3. By executing an approved bond of a personal representative,  the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner.
4. On petition of a successor personal representative,  any other personal representative of the same decedent,  or any interested person,  a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.
5. The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
B. No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3607 - Order restraining personal representative

14-3607.
Order restraining personal representative
A. On petition of any person who appears to have an interest in the estate,  the court by temporary order may restrain a personal representative from performing specified acts of administration,  disbursement or distribution,  or may exercise any powers or discharge any duties of his office,  or may make any other order to secure proper performance of his duty,  if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
B. The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record,  if any,  and to any other parties named defendant in the petition.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3608 - Termination of appointment; general

14-3608.
Termination of appointment;  general
Termination of appointment of a personal representative occurs as indicated in sections 14-3609 through 14-3612. Termination ends the right and power pertaining to the office of personal representative as conferred by this title or any will,  except that a personal representative,  at any time prior to distribution or until restrained or enjoined by court order,  may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination,  or relieve him of the duty to preserve assets subject to his control,  to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative,  but terminates his authority to represent the estate in any pending or future proceeding.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3609 - Termination of appointment; death or disability

14-3609.
Termination of appointment;  death or disability
The death of a personal representative or the appointment of a conservator for the estate of a personal representative,  terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative,  the representative of the estate of the deceased or protected personal representative,  if any,  has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates,  has the power to perform acts necessary for protection and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3610 - Termination of appointment; voluntary

14-3610.
Termination of appointment;  voluntary
A. An appointment of a personal representative terminates as provided in section 14-3933,  one year after the filing of a closing statement.
B. An order closing an estate as provided in section 14-3931 or 14-3932 terminates an appointment of a personal representative.
C. A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least fifteen days written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice,  the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3611 - Termination of appointment by removal; cause; procedure

14-3611.
Termination of appointment by removal;  cause;  procedure
A. A person interested in the estate may petition for removal of a personal representative for cause at any time. On filing of the petition,  the court shall fix a time and place for a hearing. Notice shall be given by the petitioner to the personal representative,  and to other persons as the court may order. Except as otherwise ordered as provided in section 14-3607,  after receipt of notice of removal proceedings,  the personal representative shall not act except to account,  to correct maladministration or to preserve the estate. If removal is ordered,  the court also shall direct by order the disposition of the assets remaining in the name of,  or under the control of,  the personal representative being removed.
B. Cause for removal exists under any of the following circumstances:
1. If removal would be in the best interests of the estate.
2. 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.
3. 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.
4. 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.
C. Unless the decedent's will directs otherwise,  a personal representative appointed at the decedent's domicile,  incident to securing appointment of himself or his nominee as ancillary personal representative,  may obtain removal of another who was appointed personal representative in this state to administer local assets.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3612 - Termination of appointment; change of testacy status

14-3612.
Termination of appointment;  change of testacy status
Except as otherwise ordered in formal proceedings,  the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will,  or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder,  does not terminate the appointment of the personal representative although his powers may be reduced as provided in section 14-3401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings,  or from the informal probate,  changing the assumption concerning testacy,  the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will,  or as in intestacy as the case may be.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3613 - Successor personal representative

14-3613.
Successor personal representative
Articles 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification,  a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party,  and no notice,  process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court,  the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3614 - Special administrator; appointment

14-3614.
Special administrator;  appointment
A special administrator may be appointed:
1. Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 14-3609.
2. In a formal proceeding by order of the court on the petition of any interested person and finding,  after notice and hearing,  that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists,  appointment may be ordered without notice.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3615 - Special administrator; who may be appointed

14-3615.
Special administrator;  who may be appointed
A. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate,  the person named executor in the will shall be appointed if available,  and qualified.
B. In other cases,  any proper person may be appointed special administrator.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3616 - Special administrator; appointed informally; powers and duties

14-3616.
Special administrator;  appointed informally;  powers and duties
A special administrator appointed by the registrar in informal proceedings pursuant to section 14-3614,  paragraph 1 has the duty to collect and manage the assets of the estate,  to preserve them,  to account therefor and to deliver them to the general personal representative upon his qualification. The special administrator has the power of a personal representative under this title necessary to perform his duties.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3617 - Special administrator; formal proceedings; power and duties

14-3617.
Special administrator;  formal proceedings;  power and duties
A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time,  to perform particular acts or on other terms as the court may direct.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3618 - Termination of appointment; special administrator

14-3618.
Termination of appointment;  special administrator
The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases,  the appointment of a special administrator is subject to termination as provided in sections 14-3608 through 14-3611.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3701 - Time of accrual of duties and powers

14-3701.
Time of accrual of duties and powers
The duties and powers of a personal representative commence on appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment,  a person named personal representative in a will may carry out written instructions of the decedent relating to the decedent's body,  funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3702 - Priority among different letters

14-3702.
Priority among different letters
A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If,  through error,  general letters are afterwards issued to another,  the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed,  but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.