How to Contest a Will in Arizona
To contest a will in Arizona, an interested party must file a formal objection in the probate court within the applicable deadline. Arizona law recognizes several grounds for contesting a will, including lack of testamentary capacity, undue influence, fraud, duress, and improper execution. If the court finds the will is invalid, it may enforce a prior valid will or distribute the estate under Arizona’s intestacy laws.
Who Can Contest a Will in Arizona?
Not just anyone can challenge a will. Under Arizona law, only “interested persons” have standing to contest. This generally includes:
- Heirs who would inherit under Arizona intestacy law if the will is declared invalid
- Beneficiaries named in a prior version of the will
- Personal representatives named in a prior will
- Creditors of the estate in certain circumstances
If you believe you have been wrongfully excluded from a will or that your inheritance has been reduced due to someone else’s improper actions, you may have standing to contest.
Grounds for Contesting a Will in Arizona
Arizona courts will not set aside a will simply because someone is unhappy with its terms. You must establish one or more recognized legal grounds:
Lack of Testamentary Capacity: The person who made the will (the testator) must have understood the nature and extent of their property, known who their natural beneficiaries were, and understood what a will does. Age alone does not establish incapacity, but conditions like dementia, Alzheimer’s disease, or severe cognitive decline may.
Undue Influence: This occurs when someone in a position of trust or authority exerts pressure on the testator to change their estate plan in ways that do not reflect the testator’s true intentions. Common indicators include isolation of the testator, a sudden change in the estate plan, and a new beneficiary who had a confidential relationship with the testator.
Fraud or Misrepresentation: If someone deceived the testator about the nature of the document they were signing, or made false statements that caused the testator to change their will, the will may be challenged on fraud grounds.
Duress: If the testator was coerced or threatened into making or changing their will, the document may be invalidated.
Improper Execution: Arizona law requires that a will be signed by the testator (or at their direction) and witnessed by at least two people. If these formalities were not followed, the will may be invalid.
Deadlines for Contesting a Will in Arizona
Timing is critical. In Arizona, interested parties generally must file their objection within the notice period established by the probate court. If you receive formal notice of the probate proceeding, you typically have a limited window to respond. Waiting too long can permanently waive your right to contest.
If you suspect there are grounds to challenge a will, consult with a probate litigation attorney as soon as possible to protect your rights.
What Happens When You Contest a Will?
When a will contest is filed, the probate case shifts from an informal or uncontested proceeding to formal litigation. The process generally involves:
- Filing a formal objection with the probate court
- Discovery — both sides exchange evidence, including medical records, financial documents, and witness statements
- Depositions — key witnesses may be questioned under oath
- Mediation — the court may require the parties to attempt settlement before trial
- Trial — if the dispute is not resolved, a judge will hear the case and make a ruling
Will contests can be resolved at any stage. Many are settled during mediation when the parties reach a compromise that avoids the cost and uncertainty of trial.
No-Contest Clauses in Arizona
Some wills include a “no-contest” or “in terrorem” clause that threatens to disinherit anyone who challenges the will. In Arizona, these clauses are enforceable — but only if the contest was brought without probable cause. If a court finds that your challenge was based on reasonable grounds, the no-contest clause will not be enforced against you.
This is an important distinction that makes it essential to have an experienced attorney evaluate the strength of your case before filing.
Schedule a Consultation
If you believe a loved one’s will does not reflect their true intentions, or that someone improperly influenced or manipulated the estate planning process, Berk Law Group can help you evaluate your options. Our Scottsdale probate litigation attorneys have extensive experience handling will contests and estate disputes throughout Arizona.
Schedule your consultation to discuss your situation and learn what steps you can take to protect your inheritance.
Considering contesting a will in Arizona? Schedule a consultation with Berk Law Group to evaluate your case. Call 480-607-7900.
