Legal Question in Wills and Trusts in Arizona

It has been two years since my Mother died. There was a will and a formal probate in AZ. As a devisee can I now petition the PR or court to get the probate closed and distributions made. All estate debts have been paid with exception to the PR fees which have not been requested to date. Can the court order items that were bequeathed in the will to be sold to pay PR fees?


Asked on 3/06/11, 6:32 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

I have no facts upon which to base a reason for the estate to stay open. It is the duty of the PR to administer the estate promptly. You can and should ask the court to review the status of the case, demand that the PR render its accounting, including any fee request, and demand that the estate be wound up and closed. If the PR has done something wrong or neglected its duties, there may be penalties assessed against the PR. You should have counsel to do the above action.

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Answered on 3/06/11, 12:48 pm


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