Tucson, AZ asked in Probate for Arizona

Q: co-executor issues. I’m doing all the leg work, and physical work. She ignores my messages for days. Assets < 75,000

My dad has a will named his co executors as myself his dtr and his significant others dtr (they weren’t married). I want to follow my dads wishes and I feel like I have to hurry up and get everything done. She has done nothing other than sign documents to sell his house. I had to find the realtor, clear his house after her and her siblings took what they wanted. I cleaned the house, learned the laws, filed for EIN number etc. I text her everything and now it’s to the point where she takes days to get back to me. His house is pending sale and we need to open an estate account for the money. I have asked her to put his death in the paper and find a buyer for his car (I found the buyer for his other car) she completely ignores what I’m asking. Can I have her removed from the co executor slot? The will itself will be followed as those are my dads wishes. I just need to get these things done. He has been deceased for a month and I’m frustrated by the lack of help on her part.

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Where there co-executors it is not unusual for one of them to do most of the work. A co-executor can be removed by court order but I would not recommend spending estate assets for this procedure unless the co-executor's conduct is causing loss or damage to the estate. I recommend completing the work of this estate as soon as possible even though you must do most or all of the work. You can request compensation from the estate for the time spent doing the work of this estate.

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