What are the checks and balances on the person named as an executor of
an estate? For instance, who looks over the accounts to see that the
Executor has distributed assets as detailed in a will, and not skimmed
off the top of cash or other resources? For instance, who has legal
authority to review death and burial related expenses paid by the
executor from the cash accounts of the deceased person?

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Clarification of Question by rodoling-ga on 02 Feb 2005 07:39 PST

The state is Arizona and the county is Maricopa. I'm curious about
'the reading of the will'. Is this protocol? or a mandatory part of
the procedure? The executor has not mentioned the will to one of the
beneficiaries now 1 month after death of the "Settlor". Are all
beneficiaries entitled to see the will and be involved in a  'reading
of the will' within a certain time period following death?

Although laws many vary by state, if you suspect that there are errors
in the pocessing of the will, you should be able to take matters to
the probate court in the county. You may also want to take any issues
you may have to the atty that overseen the reading of the will, or who
filed the will. Allen County Ohio law for instance allows you to file
with the court if you believe money or assets are not properly being
released.  The court also has the right if your finds are correct to
override the power of the executor, by either forcing an atty
representaion or adding a co executor.  If you need more detailed
information on how to go about obtaining court intervention, please
specifiy state and county that the will is filed in.

I have found  some great information that will take a bit of work on
your side but I do not have the deceased's name in order to do it
myself.

First I suggest that you go here : 
http://www.superiorcourt.maricopa.gov/docket/probate/index.asp and do
a search to see if any probate actions have filed with the court.

Then I found a great resource that yo can look through this I though
may be very helpful to you so I am posting it here, :


************************************************
The personal representative's duties include, but are not limited to the following:

At the time of appointment as personal representative, preparing a
Notice to Creditors, publishing it in a newspaper and delivering or
mailing the Notice to known creditors of the decedent and other
persons entitled to notice.  A.R.S. § 14-3801.

Not later than 30 days after being appointed, a personal
representative must notify the heirs and devisees about the
appointment of the personal representative as the personal
representative of the estate of the decedent.  A.R.S. § 14-3705.

Within 90 days after appointment, a personal representative, who is
not a special administrator or a successor to another representative
who has previously discharged this duty, shall prepare an inventory of
property owned by the decedent at the time of death, listing it with
reasonable detail, and indicating as to each listed item, its fair
market value as of the date of the decedent's death, its nature as
community or separate property and the type and amount of any
encumbrance that may exist with reference to any item.  The personal
representative may file the original of the inventory with the court
and send a copy of the inventory only to interested persons who
request it; or, if he elects not to file the inventory with the court,
he must deliver or mail a copy of the inventory to each of the heirs
in an intestate estate, or to each of the devisees if a Will has been
probated, and to any other interested persons who request it.  A.R.S.
§ 14-3706
**********************************************

The site I found this on has a wide list of answers to questions that
you may find very helpful. The site is here :
http://www.keytlaw.com/azprobate/probatefaq.htm#What%20Is%20Required

I hope that this info meets you needs in this case. 

lru

Depending on jurisdiction, unless an estate is probated and an
executor is appointed by the court (normally the person or firm
designated in the will), there legally is no executor.  If all
beneficiaries named in the will have no objection, often the person
designated will carry out the duties of settling the estate.

Depending on your location, the estate may not have to be probated. 
For instance, in Illinois if the value of the estate is under $100,000
the distribution of assets can be handled through a document called a
small estate affidavit, but the estate must be settled by one method
or the other and either way though the administrator (or executor of
probated) of the estate is required to inventory the estate and
produce a detailed accounting statement regarding distribution of the
assets which all beneficiaries are entitled audit.

We are going through a situation where assets apparently have not been
distributed properly in an estate where the last surviving parent died
on 2-4-05, and have found our unlimited legal advice provided through
our membership in http://www.SSMX.com/info by an attorney who
specializes in estate law has been worth its weight in gold and
without which we would be left in the dark as to what our rights are
and how to go about insuring that we are not being shorted any of our
rightful inheritance.