How long do I have to contest a will in Arizona?

It depends on how the estate was opened. A will admitted informally can be challenged by a formal proceeding, but a formal order becomes final unless appealed or reopened on limited grounds. Get advice as soon as you receive a probate notice.

What makes a will valid in Arizona?

A written will signed by the testator and by two witnesses, a holographic will whose material provisions and signature are in the testator's handwriting, or an electronic will that meets the statutory requirements. Capacity and freedom from undue influence are required in every case.

Can a will be contested if it has a no-contest clause?

Yes. Under Arizona law a no-contest clause is unenforceable against a contestant who had probable cause. The clause should be evaluated before filing.

The personal representative will not give me information. What can I do?

Request the inventory and an accounting in writing and keep proof. If the personal representative still does not comply, the court can compel an accounting, restrict the personal representative's authority, and remove and replace the personal representative.

Can a joint account or beneficiary designation be challenged?

Yes. A designation or account change can be set aside for lack of capacity, undue influence, or fraud, and a joint account can be found to belong to the estate on evidence of the depositor's intent.

Who pays the attorneys' fees in probate litigation?

It depends. A personal representative who defends or prosecutes a proceeding in good faith is generally entitled to expenses from the estate, and the court has authority under the probate statutes to award fees in some circumstances. We discuss fee arrangements and the prospects for fee recovery where applicable.

How much does probate litigation cost?

Cost depends on the issues, the evidence, the number of parties, and whether the matter settles. Many disputes resolve after the will and financial records are produced. The consultation is used to identify the likely path and the fee arrangements that fit it.

Arizona Probate & Estate Litigation Attorneys

Probate and estate litigation is a court dispute over a deceased person’s will or estate: whether the will is valid, who inherits, who should serve as personal representative and whether that person is doing the job properly, which claims and allowances are paid, and whether property belongs to the estate at all. In Arizona these disputes are governed by Title 14 of the Arizona Revised Statutes and are heard in the Superior Court’s probate division.

Berk Law Group has litigated Arizona probate, estate and related disputes from Scottsdale since 1996. We represent heirs and beneficiaries who believe a will is invalid or an estate is being mishandled. We represent people defending a will or a bequest against a challenge, and personal representatives who need to administer an estate correctly or defend their administration. Probate litigation is the center of our practice, and we handle it throughout Arizona, mainly in Maricopa County.

Talk through your estate dispute with an experienced probate litigator. Call 480.607.7900 or schedule your $500 consultation. Not sure whether probate is required? Take the free “Do I Need to Open Probate?” assessment.

What Kinds of Probate and Estate Disputes Do We Handle?

Most Arizona estate litigation falls into one of four groups. Many matters involve more than one.

Is the will valid, and which will controls?

Testamentary capacity when the will was signed
Undue influence, duress, or fraud
Forgery and altered documents
Whether the will was signed and witnessed as Arizona law requires
Holographic (handwritten) wills and electronic wills
Later wills, codicils, revocation, and lost or destroyed originals
Interpretation of unclear provisions

Who inherits?

Intestate succession when there is no valid will
Omitted spouses and children
Community versus separate property
Homestead, exempt property, and family allowances
Disputes over specific bequests and abatement
Disinheritance and inheritance disputes among family members

Is the estate being administered correctly?

Who has priority to serve as personal representative, and contested appointments
Personal representatives who misappropriate assets or will not communicate, account, or distribute
Objections to inventories, accountings, and fees
Removal of a personal representative, and personal liability for losses
Creditor claims: allowance, disallowance, and deadlines
Disputes over burial, cremation, and the disposition of remains

Claims against a personal representative for breach of duty are the subject of our Arizona fiduciary litigation page. Disputes over a trust, its amendments, or a trustee are covered on our Arizona trust litigation page.

Does the property belong to the estate?

Joint accounts and payable-on-death accounts
Beneficiary designations and beneficiary deeds
Assets moved before death by an agent, caregiver, or family member
Recovery of estate property from those who hold it
Disputes between an estate and a trust over the same asset

Who Can Contest a Will in Arizona, and When?

Any interested person may bring a probate proceeding: an heir, a beneficiary under the current or a prior will, a person named as personal representative, a creditor in some circumstances, or anyone else whose rights would be affected by the outcome.

Timing turns on how the estate was opened. A will admitted in an informal probate can still be challenged by starting a formal testacy proceeding, but a formal order admitting or rejecting a will becomes final unless appealed or reopened on limited grounds. Probate itself generally must be started within two years of death, with exceptions. If you have received a notice of informal probate or a formal petition, deadlines are already running, and the sooner the documents are reviewed the more options remain.

On What Grounds Can a Will Be Challenged?

The person contesting a will bears the burden of proving the ground for the challenge. The recognized grounds in Arizona are:

Lack of testamentary capacity. At signing, the testator did not understand the nature of the act, the property involved, or the natural objects of their bounty. Read our page on testamentary capacity in Arizona.
Undue influence. Someone substituted their will for the testator’s. Arizona law recognizes a presumption of undue influence in certain circumstances involving a confidential relationship, active procurement, and a principal beneficiary. Read our page on undue influence.
Fraud or duress. The testator was deceived about the document or forced to sign it.
Improper execution. An Arizona will must be in writing, signed by the testator, and signed by two witnesses, unless it qualifies as a holographic will (material provisions and signature in the testator’s handwriting) or a valid electronic will. Read our page on the requirements for a valid last will and testament.
Revocation. A later will, a physical act with intent to revoke, or in some cases divorce can revoke all or part of a will.
Forgery or alteration.

A no-contest clause is not a bar. Under A.R.S. § 14-2517 a will provision penalizing a contest is unenforceable when the contestant had probable cause. Read more about will contests in Arizona.

What If There Is No Will, or the Will Leaves Someone Out?

When someone dies without a valid will, Arizona’s intestacy statutes decide who inherits, starting with the surviving spouse and descendants. Disputes commonly arise over who qualifies as a spouse or child, how community and separate property are divided, and whether a later marriage or birth changed the plan. A spouse or child left out of a will made before the marriage or birth may have a statutory share. Read our page on the special rules of Arizona intestate inheritance and try the free Arizona Intestacy Calculator.

What Rights Do Heirs and Beneficiaries Have During Probate?

Interested persons are generally entitled to notice of the proceeding and of the personal representative’s appointment, to a copy of the inventory, to an accounting, and to object to the personal representative’s acts and fees. The personal representative must settle and distribute the estate as efficiently as is consistent with the estate’s best interests. They are held to the standards of care that apply to a trustee. When a personal representative refuses to communicate, delays distribution, favors themselves, or wastes assets, the court can compel an accounting, restrict the personal representative’s powers, surcharge losses, and remove and replace the personal representative. Read what to do when an executor will not distribute an estate and our page on preparing for an estate dispute.

Which Assets Pass Outside Probate, and Can They Be Disputed?

Joint accounts with right of survivorship, payable-on-death and transfer-on-death designations, life insurance, retirement accounts with named beneficiaries, and property held under a beneficiary deed generally pass outside probate. That does not put them beyond challenge. A designation or account change can be set aside for lack of capacity, undue influence, or fraud, a joint account may be found to belong to the estate on the evidence of the depositor’s intent, and property removed before death can be recovered. Read our page on the rights of joint account holders and watch our video on the perils of non-probate transfers.

What Can the Court Order in an Estate Dispute?

Depending on the claim, the Superior Court can:

Admit a will to probate or reject it, in whole or in part
Determine heirs and their shares
Appoint, restrict, suspend, or remove a personal representative
Compel an inventory, accounting, or distribution
Allow or disallow creditor claims and set allowances
Set aside a transfer, deed, or beneficiary designation
Order the return of estate property and impose a constructive trust
Surcharge a personal representative for losses caused by breach
Reduce or deny personal representative and attorney fees
Award attorneys’ fees and costs where the statutes allow

Many estate disputes settle. Family settlement agreements, mediations, and agreed distributions can resolve a matter without a trial, and we pursue them when they serve the client’s goals.

How an Estate Dispute Typically Proceeds

Gather the documents. Every will and codicil, prior estate plans, the probate file, account statements, deeds, and beneficiary designations.
Confirm standing and deadlines. Whether you are an interested person, and how the estate was opened.
Preserve evidence. Medical records, the drafting attorney’s file, communications, and witness accounts. Do not alter documents or move disputed property.
Object, petition, or demand. An objection in the pending probate, a formal petition, or a written demand for an accounting, depending on the issue.
Negotiate, mediate, or try the case. The strategy follows the value at stake, the strength of the evidence, and the family dynamics.

Why Berk Law Group for Probate and Estate Litigation?

Probate litigation is our practice. The firm concentrates on probate, trust, estate, and fiduciary litigation.
We know both sides. We represent contestants and proponents, beneficiaries and personal representatives.
Direct attorney attention. You work directly with an experienced attorney throughout.
Recognized. AV Preeminent rated by Martindale-Hubbell, with attorneys recognized by Super Lawyers.
Trial-ready, settlement-smart. We prepare every case for hearing and negotiate from that position.

Read our client reviews or watch our video testimonials.

Watch: How You Can Challenge a Will in Arizona

Frequently Asked Questions About Arizona Probate Litigation

How long do I have to contest a will in Arizona?: It depends on how the estate was opened. A will admitted informally can be challenged by a formal proceeding, but a formal order becomes final unless appealed or reopened on limited grounds. Get advice as soon as you receive a probate notice.
What makes a will valid in Arizona?: A written will signed by the testator and by two witnesses, a holographic will whose material provisions and signature are in the testator’s handwriting, or an electronic will that meets the statutory requirements. Capacity and freedom from undue influence are required in every case.
Can a will be contested if it has a no-contest clause?: Yes. Under Arizona law a no-contest clause is unenforceable against a contestant who had probable cause. The clause should be evaluated before filing.
The personal representative will not give me information. What can I do?: Request the inventory and an accounting in writing and keep proof. If the personal representative still does not comply, the court can compel an accounting, restrict the personal representative’s authority, and remove and replace the personal representative.
Can a joint account or beneficiary designation be challenged?: Yes. A designation or account change can be set aside for lack of capacity, undue influence, or fraud, and a joint account can be found to belong to the estate on evidence of the depositor’s intent.
Who pays the attorneys’ fees in probate litigation?: It depends. A personal representative who defends or prosecutes a proceeding in good faith is generally entitled to expenses from the estate, and the court has authority under the probate statutes to award fees in some circumstances. We discuss fee arrangements and the prospects for fee recovery where applicable.
How much does probate litigation cost?: Cost depends on the issues, the evidence, the number of parties, and whether the matter settles. Many disputes resolve after the will and financial records are produced. The consultation is used to identify the likely path and the fee arrangements that fit it.

Serving Scottsdale and All of Arizona

Berk Law Group, P.C. represents heirs, beneficiaries, and personal representatives throughout Maricopa County and across Arizona, from Phoenix, Mesa, and Chandler to Flagstaff and Prescott, from our Scottsdale office. The Arizona Probate Code is in Title 14 of the Arizona Revised Statutes.

Discuss Your Arizona Estate Dispute

If you question a will, have been left out of an inheritance, cannot get information from a personal representative, or are defending a will or an estate, we can review the documents and tell you where you stand. Call 480.607.7900 or Schedule Your $500 Consultation

Berk Law Group Free Arizona Legal Tools

Explore how Arizona law may apply to your situation:

💰 Financial Exploitation Assessment → 👥 Guardianship & Conservatorship Assessment → 📝 Do I Need to Open Probate? → ⚖️ Intestacy Calculator →

Arizona Probate and Estate Litigation Attorneys