Legal Question in Wills and Trusts in Arizona

What form in Arizona would one fill out to Petition for the removal of a trustee to a will


Asked on 2/20/11, 3:12 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

I don't know of any form to remove a trustee. A trustee is the person who acts on behalf of a trust, not of a "will." When a person dies, the person who acts on behalf of the decedent's estate is the Personal Representative (formerely known as an executor). Even if a person is named in a will to act as the Personal Representative, that person must petition the probate court for appointment.

If you have a trust in existence and you want to remove the trustee, you must petition the court and tell the court why you want to remove the trustee and state the facts which prove the grounds for removal. It is best to have an attorney evaluate your case and the facts, and then advise you about the alternative action available to you. Then the attorney can prepare the necessary documents to go forward with the removal of the trustee or other action, such as compelling an accounting by the trustee.

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Answered on 2/20/11, 4:02 pm


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