In Arizona probate, trust, and estate litigation, disputes over ownership of real property (real estate)—especially when it’s held in the name of a trust, LLC, or other third party—are common. One tool frequently used to protect an alleged interest in real estate is a Notice of Lis Pendens.
However, recording a lis pendens without following proper procedure can expose the filer to significant liability. The Arizona Court of Appeals’ recent decision in Westbrook Rental, LLC v. Goodman (July 16, 2025) illustrates just how costly that mistake can be. The court confirmed that filing a lis pendens against property owned by an entity not named in the lawsuit—such as an LLC or trust—renders the notice groundless under A.R.S. § 33-420, even if the filer’s suspicions about ownership later prove correct.
This ruling carries important lessons for lawyers and fiduciaries involved in estate-related property disputes, where clouded title, third-party ownership, and intertwined family or fiduciary relationships are common. Below, we explain what a notice of lis pendens is, when it can lawfully be used, and the key takeaways from Westbrook for anyone litigating property issues in Arizona probate or trust matters.
What Is a Notice of Lis Pendens?
A Notice of Lis Pendens—often called just a lis pendens—is a formal, recorded notice that alerts the public that a piece of Arizona real property is involved in ongoing litigation. The term is Latin for “suit pending.”
In Arizona, a lis pendens is recorded with the county recorder’s office in the county where the property is located. Such notices are permitted under A.R.S. § 12-1191. Its purpose is to warn buyers, lenders, and title companies that ownership of the property could be affected by the outcome of a lawsuit. Once recorded, it effectively “clouds” the title, making it difficult to sell, refinance, or transfer the property until the litigation is resolved or the notice is released.
A properly recorded lis pendens can help preserve a party’s interest in real property during litigation. However, it’s a powerful tool that must be used with care. If it’s recorded without a valid claim affecting title or without naming the actual property owner as a party, the notice may be considered groundless—and the person who recorded it can face penalties, including damages, attorney’s fees, and sanctions under A.R.S. § 33-420.
In probate, trust, and estate disputes—where property is often held in trusts, LLCs, or complex ownership structures—understanding when and how to properly use a lis pendens is critical to protecting your interests without creating liability.
The Westbrook Case at a Glance
During a divorce, Michael Goodman suspected that his spouse, Angela, used community funds to acquire real property through a newly formed, single-member LLC called Westbrook Rental, LLC. The property had been purchased with funds loaned by another entity she co-owned. Michael, wanting to protect his claimed community property interest and relying on a ruling that Angela’s law firm was community property, recorded a lis pendens against Westbrook’s real estate.
However, he never sued or joined the LLC, Westbrook—the actual titleholder—in the dissolution case.
Westbrook sued to expunge the lis pendens, arguing it was groundless. The trial court agreed, ordering it quashed, and awarded:
- $5,000 in damages under A.R.S. § 33‑420(A),
- $30,000 in attorney’s fees under § 33‑420(B),
- Plus fees and costs on appeal.
Michael appealed. Meanwhile, the court of appeals reversed the ruling on the law firm’s community character—confirming it was Angela’s separate property. Michael eventually released the lis pendens, but the sanctions stood.
Why This Matters in Probate and Estate Cases
Real estate is often at the heart of estate litigation—whether it’s a fight over who owns the decedent’s home, whether a transfer to a trust or LLC was valid, or whether someone has improperly diverted assets. And when a party claims they have an interest in the real property, they often consider recording a lis pendens to protect that interest.
But here’s the caution: If you don’t have a direct claim against the titleholder—and they’re not a party to your case—recording a lis pendens could be deemed groundless, triggering significant liability under A.R.S. § 33‑420.
In probate and trust litigation, this scenario often arises when:
- A trustee transfers property to an LLC or individual beneficiary,
- An heir or creditor disputes the transfer but sues the wrong party (e.g., only the personal representative or trustee),
- A party believes the property was acquired with estate or trust funds but fails to formally challenge the recipient by name.
Just as in Westbrook, failing to join the titleholder—such as the LLC, transferee, or a third party—means the action doesn’t affect title, and the lis pendens may be legally baseless.
The Court’s Key Rulings
1. You Must Sue the Property Owner
Recording a lis pendens requires a pending action that affects title to real property (A.R.S. § 12‑1191). If you don’t sue the party that holds title—whether it’s an LLC, a trust, or an individual—your action doesn’t affect title, and your lis pendens is invalid and groundless.
2. Your Claim Must Have the Legal Potential to Affect the Title
In addition to suing the correct party, you also have to bring the correct claim. You may only record a notice of lis pendens if you have filed a claim that has the potential to affect the actual title to the property. Claims such as quiet title or for specific performance generally qualify.
4. LLCs and Trusts Are Legally Distinct
Even if the titleholder is controlled by a spouse, fiduciary, or beneficiary, courts will not “pierce the veil” unless you plead and prove a proper basis. In estate litigation, this means you can’t shortcut around naming an LLC or trust as a party just because one of the litigants controls it.
5. Groundless = Sanctions
Under A.R.S. § 33‑420:
- Subsection (B) allows property owners to clear title and collect fees if a lis pendens is groundless.
- Subsection (A) imposes damages (minimum $5,000) and attorney’s fees if the filer knew or should have known the recording was improper.
Practice Tips for Probate & Estate Disputes
✅ Always name the titleholder: If the property is held in an LLC, trust, or third party’s name, and you’re claiming a legal or equitable interest, join that entity or person in your action. This is especially important in:
- Creditor claims against a decedent’s property,
- Challenges to trust-funded property transfers,
- Allegations of self-dealing or improper titling by a fiduciary.
✅ Don’t assume ownership equals control: A personal representative or trustee might manage an estate or trust, but if the property has been conveyed out—you must sue the transferee.
✅ Evaluate alternatives: Sometimes a money judgment or surcharge against a fiduciary is a better path than attacking title. Courts often prefer to preserve third-party property rights unless fraudulent transfer laws or other specific claims are properly pleaded.
Bottom Line
In Arizona probate, trust, and estate litigation, title to real property can be murky—but filing a lis pendens without a direct claim against the titleholder is a mistake that can cost you thousands. The Westbrook case is a reminder that:
- Proper parties matter.
- Entity formalities matter.
- And good intentions won’t shield you from liability if you get it wrong.
Berk Law Group Is Here to Help
In probate, trust, and estate disputes, real property often lies at the center of controversy—and how you protect or pursue that interest can make or break your case. As Westbrook v. Goodman demonstrates, filing a lis pendens is not just a procedural formality—it’s a legal act with serious consequences if done improperly. If you’re litigating over estate property, make sure you’re targeting the right party, using the right tools, and not unintentionally exposing yourself or your client to liability.
Need help untangling title issues or litigating complex property disputes in an estate, trust, or probate matter?
Call us at 480.607.7900 or schedule a consultation with one of our experienced Arizona probate and estate litigation attorneys. We’re here to help you clear the path.
To learn more about notice of lis pendens, watch this video:
