Johnson v. Davis

OPINION

TIMMER, Judge.

¶ 1 Kathleen K. Johnson appeals from an order of the probate court and argues that the court erred by ordering her to reimburse moneys and relinquish property to the estate.1 We are chiefly asked to decide whether a creditor who improperly received estate property, but then disposed of it, can be ordered to pay the value of the property to the estate pursuant to Arizona Revised Statutes Annotated (“A.R.S.”) section 14-3909 (1995). We hold that the probate court can enter such an order against a creditor. Therefore, we affirm the court’s order, but remand for the reasons…