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.
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 1983–2022 · leading case:
Kinnear v. Finegan, 672 P.2d 986 (Ariz. Ct. App. 1983).
Kinnear v. Finegan, 672 P.2d 986 (Ariz. Ct. App. 1983).
· cites it 2× “Other remedies exist in this situation, including restraining orders (A.R.S. § 14-3607) and the contempt power of the court.”
Hoyer v. Dougherty (Ariz. Ct. App. 2022).
· cites it 3× “We impose sanctions under ARCAP 25 “with great reservation” and only where an appeal is not supported by “any legal theory about which 4 Klifton’s motion for summary judgment is a “petition” for purposes of § 14-3607. See A.R.S. § 14-1201(48) (defining “petition” as “a written…”
Ariz. Rev. Stat. § 14-3607(A): 1 case
Hoyer v. Dougherty (Ariz. Ct. App. 2022).
“We impose sanctions under ARCAP 25 “with great reservation” and only where an appeal is not supported by “any legal theory about which 4 Klifton’s motion for summary judgment is a “petition” for purposes of § 14-3607. See A.R.S. § 14-1201(48) (defining “petition” as “a written…”
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