When disputes arise during estate administration or probate proceedings in Arizona, the situation becomes a contested estate. These disputes can significantly impact families, delay asset distribution, and increase costs for all parties involved.
Common issues addressed in contested probate include:
- Challenges based on a lack of mental capacity to make a will
- Claims that someone improperly pressured or manipulated the testator into making certain provisions
- Allegations of fraud or forgery
- Disputes over asset distribution
- Claims of personal representative or trustee misconduct
- Exploitation of vulnerable adults
The impact of contested probate on estate administration is substantial. What might otherwise be a straightforward process lasting 6-9 months can extend to several years. Legal fees and court costs can consume a significant portion of the estate’s assets, and the final distribution may be delayed indefinitely while litigation proceeds.
The exploitation of vulnerable adults is particularly serious under Arizona law. Per A.R.S. § 46-456, any person in a position of trust and confidence who takes advantage of a vulnerable adult’s assets can face severe penalties, including triple damages. A vulnerable adult is defined as someone 18 years or older who cannot protect themselves from abuse, neglect, or exploitation due to physical or mental impairment.
There’s a case I’ll never forget that demonstrates just how devastating this kind of financial abuse can be. One of the daughters of an elderly woman drained her mother’s accounts while she was in hospice, running up a tab at a Scottsdale resort while her mother was in her final days. By the time the woman passed, nearly all of her assets were gone, leaving behind nothing for the other daughter. Cases like this are precisely why Arizona law takes financial exploitation so seriously, imposing stiff penalties to hold abusers accountable and provide some form of justice for victims and their families.
What Should You Know About Contested Estates in Arizona?
Arizona’s probate laws provide specific procedures for addressing estate disputes. Key points to understand include:
- Time limitations: Arizona law imposes strict deadlines for contesting a will. Under A.R.S. § 14-3108, most challenges must be brought within two years of the decedent’s death.
- No-contest clauses: Arizona recognizes no-contest clauses in wills (A.R.S. § 14-2517), but these provisions are unenforceable if probable cause exists for the contest.
- Standing requirements: Only “interested persons” as defined by A.R.S. § 14-1201(34) have standing to contest a will or challenge estate administration.
The emotional toll of contested estates cannot be overstated. Family members often find themselves in adversarial positions, with relationships strained or severed. Additionally, the financial impact can be substantial, as legal fees and court costs can significantly deplete estate assets.
Who Bears the Burden of Proof in Contesting the Validity of a Will?
According to A.R.S. § 14-2712(B), there is a rebuttable presumption that a person who executes a will has the capacity to do so and acted free from undue influence. Therefore, the party contesting a will bears the burden of proving its invalidity.
However, A.R.S. § 14-2712(E) defines two exceptions where the tables turn and the person defending the will must prove it’s valid:
- When someone who helped write the will or talked the person into leaving them something was in a trusted position, such as a financial advisor, attorney, or caregiver.
- When the person who wrote the will (or their spouse, parents, or children) stands to inherit a significant amount from that same will. However, this rule doesn’t apply if the will was written for the preparer’s grandparent, aunt, uncle, or their spouse or former spouse.
If you believe a will is invalid and are thinking about challenging it in court, it’s crucial to speak with a probate litigation attorney as soon as possible. These legal battles are complicated, time-sensitive, and require specific evidence to prove your case. An experienced attorney can review the circumstances surrounding the will, determine whether you have strong grounds for a contest, and guide you through the court process. They can also help you understand what evidence you’ll need to gather and whether your situation falls under one of the exceptions that makes your case easier to prove.
Steps to Resolve Contested Estates
Mediation and Alternative Dispute Resolution (ADR)
Mediation offers a less adversarial approach to resolving estate disputes. In Arizona, the court may order parties to participate in mediation before proceeding to trial. During mediation, a neutral third party helps facilitate discussion and negotiation between the disputing parties.
The benefits of mediation include:
- Cost efficiency: Mediation typically costs significantly less than litigation
- Faster resolution: Disputes can often be resolved in days or weeks rather than months or years
- Preservation of relationships: The collaborative nature of mediation can help maintain family bonds
- Confidentiality: Unlike court proceedings, mediation discussions remain private
- Greater control: Parties maintain decision-making authority rather than leaving outcomes to a judge
Arizona courts actively encourage alternative dispute resolution in probate matters. Under Arizona Rules of Probate Procedure 27, the court may refer cases to mediation, settlement conferences, or other forms of ADR.
Litigation
When mediation fails or isn’t appropriate, litigation becomes necessary. The litigation process for contested estates in Arizona typically follows these steps:
- Filing a petition with the probate court outlining the specific claims and requested relief
- Discovery phase, during which parties exchange information, take depositions, and gather evidence
- Pre-trial motions addressing legal issues before trial
- Trial, where evidence is presented and witnesses testify before a judge
- Judgment issued by the court resolving the disputed issues
In Arizona, probate litigation is governed by the Arizona Rules of Probate Procedure as well as applicable provisions of the Arizona Rules of Civil Procedure. The probate judge has broad authority to make binding decisions on all contested matters.
While litigation provides a definitive resolution, it comes with significant drawbacks:
- Extended timelines often last years
- Substantial legal costs that may deplete estate assets
- Public proceedings that expose family matters
- An adversarial process that frequently damages relationships permanently
Preventing Contested Estates
The best approach to contested estates is prevention. Proactive estate planning can significantly reduce the likelihood of disputes:
- Create clear, comprehensive estate planning documents that leave little room for interpretation
- Regularly update your estate plan to reflect changes in family circumstances, assets, or wishes
- Consider including explanations for potentially controversial decisions
- Select neutral, trustworthy fiduciaries to serve as personal representatives or trustees
- Discuss your estate plan with family members to set appropriate expectations
- Consider a revocable living trust to avoid probate altogether and provide greater privacy
Additional preventative measures, such as no-contest clauses or detailed capacity assessments, may be appropriate for estates with complex family dynamics or substantial assets.
The Role of a Probate Lawyer in Contested Estates
A probate attorney plays a crucial role in navigating contested estate matters. An experienced Arizona probate lawyer can:
- Evaluate the validity of wills, trusts, and other estate planning documents
- Assess the strength of potential claims or defenses
- Represent beneficiaries, heirs, or personal representatives in mediation or litigation
- Navigate complex procedural requirements under Arizona probate law
- Negotiate settlements that protect clients’ interests while minimizing family conflict
- Ensure compliance with statutory deadlines and requirements
When selecting an attorney for a contested estate matter, look for someone with specific experience in Arizona probate litigation. Estate disputes require specialized knowledge of both substantive probate law and the procedural rules governing probate proceedings.
Schedule an Initial Consultation with a Probate Lawyer in Arizona
If you’re facing a contested estate situation, seeking professional legal guidance is essential. At Sorrell Estate & Probate, we have extensive experience helping clients navigate complex estate disputes throughout Arizona.
Our approach focuses on finding practical solutions that protect your interests while minimizing family conflict whenever possible. We understand the emotional and financial stakes involved in contested estates and work diligently to achieve favorable outcomes for our clients.
To discuss your specific situation and explore your legal options, contact us to schedule a consultation:
Sorrell Estate & Probate
8990 E Raintree Dr #110
Scottsdale, AZ 85260
(480) 660-4940
Located in Scottsdale, Arizona, and serving clients throughout the state.